[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Rules and Regulations]
[Page 10398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5283]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 981021264-9016-02; I.D. 022699A]
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Central Aleutian District and Bering Sea subarea of the
Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: A closure and an opening.
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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the
Central Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the 1999 interim harvest specification of Atka mackerel. NMFS is also
opening fishing with trawl gear in Steller sea lion critical habitat in
the Central Aleutian District for species for which directed fisheries
are open.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 1999,
until superseded by the Final 1999 Harvest Specification for
Groundfish, which will be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area
(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 Interim 1999 Harvest Specifications (64 FR 50, January 4, 1999)
as amended by the final rule implementing season and area apportionment
of Atka mackerel total allowable catch (TAC) (64 FR 3446, January 22,
1999) established 9,520 metric tons (mt) as the Atka mackerel TAC in
the Central Aleutian District of the BSAI. See Sec. 679.20(c)(2)(ii).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 1999
interim harvest specification for Atka mackerel in the Central Aleutian
District will be reached. The Regional Administrator is establishing a
directed fishing allowance of 9,270 mt, and is setting aside the
remaining 250 mt as bycatch to support other anticipated groundfish
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. NMFS is prohibiting directed fishing for Atka mackerel in the
Central Aleutian District of the BSAI.
Maximum retainable bycatch amounts may be found in the regulations
at Sec. 679.20(e) and (f).
On February 13, 1999, NMFS prohibited trawling within Steller sea
lion critical habitat in the Central Aleutian District because the 1999
critical habitat percentage of the interim harvest specifications of
Atka mackerel allocated to the Central Aleutian District had been
reached (FR 64 8013, February 18, 1999). Regulations at
Sec. 679.22(a)(8)(iii)(C) authorize opening Steller sea lion critical
habitat in the Central Aleutian District to fishing with trawl gear
after NMFS closes Atka mackerel to directed fishing within that
district. NMFS is opening critical habitat in the Central Aleutian
District to fishing with trawl gear for species open to directed
fishing.
Classification
This action responds to the interim TAC limitations and other
restrictions on the fisheries established in the 1999 interim harvest
specifications for groundfish for the BSAI. It must be implemented
immediately to prevent overharvesting the 1999 interim harvest
specification of Atka mackerel in the Central Aleutian District of the
BSAI. A delay in the effective date is impracticable and contrary to
the public interest. Further delay would only result in overharvest.
NMFS finds for good cause that the implementation of this action should
not 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. 679.20 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 26, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-5283 Filed 3-1-99; 9:57 am]
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