40474 Federal Register / Vol. 62, No. 145 / Tuesday, July 29, 1997 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7052–02; I.D.

072297E]

Fisheries of the Exclusive Economic

Zone Off Alaska; Northern Rockfish in

the Eastern Regulatory Area of the

Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of northern rockfish in the Eastern

Regulatory Area of the Gulf of Alaska

(GOA). NMFS is requiring that catches

of northern rockfish in this area be

treated in the same manner as

prohibited species and discarded at sea

with a minimum of injury. This action

is necessary because the northern

rockfish 1997 total allowable catch

(TAC) in this area has been reached.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), July 23, 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 GOA exclusive

economic zone is managed by NMFS

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 MagnusonStevens 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 TAC of northern rockfish in

the Eastern Regulatory Area of the GOA

was established by the Final 1997

Harvest Specifications of Groundfish for

the GOA (62 FR 8179, February 24,

1997) as 10 metric tons (mt). See

§ 679.20(c)(3)(ii).

In accordance with § 679.20(d)(2), the

Administrator, Alaska Region, NMFS,

has determined that the 1997 TAC for

northern rockfish in the Eastern

Regulatory Area of the GOA has been

reached. Therefore, NMFS is requiring

that further catches of northern rockfish

in the Eastern Regulatory Area of the

GOA be treated as prohibited species in

accordance with § 679.21(b).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

overharvesting the 1997 TAC for

northern rockfish in the Eastern

Regulatory Area of the GOA. Providing

an opportunity for prior notice and

comment would be impracticable and

contrary to public interest. The fleet has

already taken the directed fishing

allowance for northern rockfish. 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 Sec. 679.20

and is exempt from review under E.O.

12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: July 23, 1997.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–19846 Filed 7–24–97; 9:56 am]

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