[Federal Register: August 10, 1999 (Volume 64, Number 153)] [Rules and Regulations] [Page 43296] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10au99-15] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 990304062-9060-01; I.D. 080399C] Fisheries of the Economic Exclusive Zone Off Alaska; Deep-water Species Fishery by Vessels using Trawl Gear in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of a closure. ----------------------------------------------------------------------- SUMMARY: NMFS is opening directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to fully utilize the third seasonal apportionment of the 1999 Pacific halibut bycatch allowance specified to the deep-water species fishery in the GOA. DATES: Effective 1200 hrs, Alaska local time, August 6, 1999. FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7280 SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson- Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The Pacific halibut bycatch allowance for the GOA trawl deep-water species fishery, which is defined at Sec. 679.21(d)(3)(iii)(B), was established by the Final 1999 Harvest Specifications of Groundfish for the GOA (64 FR 12094, March 11, 1999) for the third season, the period July 4, 1999, through September 30, 1999, as 400 metric tons. The fishery for the deep-water species fishery by vessels using trawl gear in the GOA was closed under Sec. 679.21(d)(7)(i) on July 21, 1999, (64 FR 40293, July 26, 1999). NMFS has determined that as of July 24, 1999, 180 metric tons remain in the third seasonal apportionment of the Pacific halibut bycatch mortality allowance specified for the GOA trawl deep-water species fishery. Therefore, NMFS is terminating the previous closure and is opening directed fishing for species that comprise the deep- water species fishery that are not otherwise closed to directed fishing in the GOA. Maximum retainable bycatch amounts may be found in the regulations at Sec. 679.20(e) and (f). Classification All other closures remain in full force and effect. This action responds to the best available information recently obtained from the fishery. It must be implemented immediately in order to allow full utilization of the third seasonal apportionment of the 1999 Pacific halibut bycatch allowance specified to the deep-water species fishery in the GOA. Providing prior notice and opportunity for public comment for this action is impracticable and contrary to the public interest. Further delay would only disrupt the FMP objective of maximizing groundfish harvest. NMFS finds for good cause that the implementation of this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is hereby waived. This action is required by Sec. 679.21 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 4, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-20527 Filed 8-5-99; 4:08 pm] BILLING CODE 3510-22-F