Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54397

the Carriers could fulfill their payment

obligations.’’ Specifically, the Japanese

lines urged that the Commission require

that the carriers establish escrow

accounts and pay the fees into these

accounts, rather than paying them

directly to the Commission. The carriers

further requested that the Commission

take any other steps to ‘‘accomplish the

objectives of this request.’’ As the relief

sought by the Japanese lines would

involve changing the payment

procedures set forth in the final rule, the

Commission has determined to treat the

letter as a petition for amendment of the

final rule, which would have been the

appropriate pleading in this instance.

Copies of the request were served on

other participants in this proceeding; no

comments or responses were received

from any party.

In their request for alternative

payment arrangements, the Japanese

carriers have failed to cite any material

improvements or reforms in the

unfavorable Japanese port conditions

that are the subject of this proceeding.

Indeed, the Commission is unaware of

any such progress since it last

suspended the final rule in April.

Accordingly, we find no basis for

altering the collection procedures set

forth in the final rule to postpone or

redirect the payment of the fees. The

Commission appreciates concerns raised

by the Japanese lines regarding the

complexity of the matters at issue;

however, the Government of Japan has

had ample opportunity to develop and

implement necessary improvements. It

has not, to date, done so.

The Japanese carriers’ request for

alternative payment arrangements is

denied.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 97–27668 Filed 10–17–97; 8:45 am]

BILLING CODE 6730–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

101497A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pacific Cod by Trawl

Catcher Vessels in the Bering Sea and

Aleutian Islands

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 Pacific cod by trawl catcher

vessels in the Bering Sea and Aleutian

Islands management area (BSAI). This

action is necessary to fully utilize the

total allowable catch (TAC) of Pacific

cod in that area.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), October 15, 1997, until

2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 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 Groundfish 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.

In accordance with §§ 679.20

(a)(7)(i)(B), the portion of the Pacific cod

TAC allocated to trawl catcher vessels

in the BSAI was established as 63,450

metric tons (mt) by the Final 1997

Harvest Specifications for Groundfish

(62 FR 7168, February 18, 1997). The

trawl catcher vessel portion was

increased by a reallocation of the

projected unused amount of the trawl

catcher/processor allocation to 65,450

mt (62 FR 51609, October 2, 1997). The

Administrator, Alaska Region, NMFS

(Regional Administrator), has

established a directed fishing allowance

of 64,450 mt, and set aside the

remaining 1,000 mt as bycatch to

support other anticipated groundfish

fisheries. The fishery for Pacific cod by

trawl catcher vessels in the BSAI was

closed to directed fishing under

§§ 679.20(d)(1)(iii) on April 29, 1997,

(62 FR 24508, May 2, 1997).

NMFS has determined that as of

September 29, 1997, 2,432 mt remain in

the directed fishing allowance.

Therefore, NMFS is terminating the

previous closure and is opening

directed fishing for Pacific cod by trawl

catcher vessels in the BSAI.

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 Pacific cod

TAC. 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

providing a portion of the Pacific cod

TAC for trawl catcher vessels in the

BSAI. 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 §§ 679.20

and is exempt from review under E.O.

12866.

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

Dated: October 14, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–27736 Filed 10–15–97; 3:26 pm]

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