[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Rules and Regulations]
[Page 40974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20097]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7012-02; I.D. 072597A]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by 
Vessels Using Trawl Gear in Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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SUMMARY: NMFS is closing directed fishing for species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 1997 Pacific 
halibut bycatch allowance specified for the trawl rock sole/flathead 
sole/``other flatfish'' fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 25, 1997, 
until 2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS 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. Fishing by U.S. vessels is governed by regulations 
implementing the FMP at subpart H of 50 CFR part 600 and 50 CFR part 
679.
    The 1997 halibut bycatch allowance specified for the BSAI trawl 
rock sole/flathead sole/``other flatfish'' fishery category, which is 
defined at Sec. 679.21(e)(3)(iv)(B)(2), was established by the Final 
1997 Harvest Specifications for Groundfish of the BSAI (62 FR 7168, 
February 18, 1997) as 795 metric tons.
    In accordance with Sec. 679.21(e)(7)(iv), the Administrator, Alaska 
Region, NMFS, has determined that the 1997 Pacific halibut bycatch 
allowance specified for the trawl rock sole/flathead sole/``other 
flatfish'' fishery in the BSAI has been caught. Consequently, NMFS is 
closing directed fishing for species in the rock sole/flathead sole/
``other flatfish'' fishery category by vessels using trawl gear in the 
BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent overharvesting the 1997 Pacific halibut bycatch allowance 
specified for the trawl rock sole/flathead sole/``other flatfish'' 
fishery in the BSAI. Providing prior notice and an opportunity for 
public comment on this action is impracticable and contrary to public 
interest. The fleet will soon take the Pacific halibut bycatch 
allowance specified for the trawl rock sole/flathead sole/``other 
flatfish'' fishery in the BSAI. Further delay would only result in 
overharvest and disrupt the FMP's objective of allowing incidental 
catch to be retained throughout the year. 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 50 CFR 679.21 and is exempt from review 
under E.O. 12866.
    Authority: 16 U.S.C. 1801 et seq.
    Dated: July 25, 1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-20097 Filed 7-25-97; 4:44 pm]
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