68228 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

cause, grant an extension of time and

shall so notify the recipient in writing.

Dated: December 24, 1997.

Victor M. Fortuno,

General Counsel.

[FR Doc. 97–34120 Filed 12–30–97; 8:45 am]

BILLING CODE 7050–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970829216–7305–02; I.D.

080597F]

RIN 0648–AK14

Fisheries of the Exclusive Economic

Zone Off Alaska; Allocation of Atka

Mackerel to Vessels Using Jig Gear

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS implements

Amendment 34 to the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area (FMP). The implementing

regulations of Amendment 34 require an

allocation of Atka mackerel to vessels

using jig gear. Annually, up to 2 percent

of the total allowable catch (TAC)

specified for this species in the eastern

Aleutian Islands District (AI)/Bering Sea

subarea (BS) will be allocated to the jig

gear fleet fishing in this area. This

action is necessary to provide an

opportunity to a localized, small-vessel

jig gear fleet to fish for Atka mackerel

in summer months. The large-scale

trawl fisheries typically harvest the

available TAC for this species early in

the fishing year, which does not allow

jig gear fishermen an opportunity for a

summer fishery. This action is intended

to further the goals and objectives of the

FMP.

DATES: Effective January 30, 1998.

ADDRESSES: Copies of Amendment 34

and the Environmental Assessment/

Regulatory Impact Review/Final

Regulatory Flexibility Analysis (EA/

RIR/FRFA) prepared for this action may

be obtained from NMFS, P.O. Box

21668, Juneau, AK 99802, Attn: Lori J.

Gravel.

FOR FURTHER INFORMATION CONTACT:

Susan Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the Bering

Sea and Aleutian Islands management

area (BSAI) are managed by NMFS

under the FMP. The FMP was prepared

by the North Pacific Fishery

Management Council (Council) under

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). Regulations

governing the groundfish fisheries of the

BSAI appear at 50 CFR parts 600 and

679.

At its June 1997 meeting, the Council

adopted Amendment 34 to the FMP and

recommended that NMFS prepare a

rulemaking to implement the

amendment. A notice of availability of

Amendment 34 was published in the

Federal Register on August 15, 1997 (62

FR 43689) and invited comments on the

amendment through October 14, 1997.

A proposed rule to implement

Amendment 34 was published on

September 22, 1997 (62 FR 49464), with

comments invited through November 6,

1997. No comments were received

either on Amendment 34 or on the

proposed rule.

The rule implementing Amendment

34 requires an allocation of Atka

mackerel to vessels using jig gear.

Annually, up to 2 percent of the TAC

specified for this species in the eastern

AI/BS will be allocated to vessels using

jig gear in this area. The amount of the

allocation will be determined annually

based on the anticipated harvest

capacity of the jig gear fleet and will be

published in the Federal Register as

part of the annual groundfish

specifications process.

NMFS has determined that this action

is necessary for the conservation and

management of the Atka mackerel

fishery of the BSAI and for addressing

resource allocation issues between the

jig and trawl gear fisheries for this

species. NMFS approved Amendment

34 on November 13, 1997, under section

304(a) of the Magnuson-Stevens Act.

Additional information on this action

may be found in the preamble to the

proposed rule and in the EA/RIR/FRFA.

Classification

The Administrator, Alaska Region,

NMFS, determined that Amendment 34

is necessary for the conservation and

management of the groundfish fishery of

the BSAI and that it is consistent with

the Magnuson-Stevens Act and other

applicable laws.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

NMFS prepared an FRFA consisting

of the EA/RIR, and the preamble to this

final rule. The initial regulatory

flexibility analysis (IRFA) concluded

that this action would have a significant

positive economic impact on small

entities to the extent that the jig gear

fleet realized potential gains through

increased harvests of Atka mackerel.

Any loss in gross annual revenues that

would be incurred by trawl catcher

vessels under Amendment 34 would not

be significant (i.e., would not exceed 5

percent of a vessel’s total annual

revenue) because these vessels are larger

(> 60 ft (18.29 m)) in length and

participate in other lucrative groundfish

fisheries, including the Atka mackerel

fishery in the Central and Western

Aleutians. Additional explanation of

these impacts is presented in the

preamble to the proposed rule (62 FR

49464, September 22, 1997). No

comments were received on the IRFA.

Because the significant economic

impacts on small entities are beneficial

impacts, no steps have been taken to

minimize them. Likewise, other

alternatives that were rejected would

not have benefited small entities as

greatly as the selected alternative. A

copy of the RIR/FRFA is available from

NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: December 22, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 679 is amended

as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for 50 CFR

part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq., and 3631 et seq.

2. In § 679.20, paragraph (a)(8) is

redesignated as paragraph (a)(9) and

new paragraphs (a)(8) and (c)(6) are

added to read as follows:

§ 679.20 General limitations.

* * * * *

(a) * * *

(8) BSAI Atka mackerel—(i) TAC by

gear. Vessels using jig gear will be

allocated up to 2 percent of the TAC of

Atka mackerel specified for the Eastern

Aleutian Islands District and Bering Sea

subarea, after subtraction of reserves,

based on the criteria specified at

paragraph (a)(8)(ii) of this section. The

remainder of the TAC, after subtraction

of reserves, will be allocated to vessels

using other authorized gear types.

(ii) Annual specification. The

percentage of the Atka mackerel TAC
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68229

specified for the Eastern Aleutian

Islands District and Bering Sea subarea

that is allocated annually to vessels

using jig gear will be published in the

Federal Register as part of the proposed

and final annual specifications under

paragraph (c) of this section. The jig gear

allocation will be based on the

following criteria:

(A) The amount of Atka mackerel

harvested by vessels using jig gear

during recent fishing years;

(B) The anticipated harvest of Atka

mackerel by vessels using jig gear

during the upcoming fishing year; and

(C) The extent to which the jig gear

allocation will support the development

of a jig gear fishery for Atka mackerel

while minimizing the amount of Atka

mackerel TAC annually allocated to

vessels using jig gear that remains

unharvested at the end of the fishing

year.

* * * * *

(c) * * *

(6) BSAI Atka mackerel allocations.

The proposed, interim, and final

specifications will specify the allocation

of BSAI Atka mackerel among gear types

as authorized under paragraph (a)(8) of

this section.

* * * * *

[FR Doc. 97–33975 Filed 12–30–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7052–02; I.D.

122297A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Closures of Specified

Groundfish Fisheries in the Gulf of

Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing specified

groundfish fisheries in the Gulf of

Alaska (GOA). This action is necessary

to prevent exceeding the directed

fishing allowances specified for the

1998 interim total allowable catch

(TAC) amounts for the GOA.

DATES: Effective 0001 hrs, Alaska local

time (A.l.t.), January 1, 1998, until

superseded by the Final 1998 Harvest

Specification for Groundfish, which will

be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the exclusive

economic zone of the GOA 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

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(d), if the

Administrator, Alaska Region, NMFS

(Regional Administrator), determines

that the amount of a target species or

‘‘other species’’ category apportioned to

a fishery or, with respect to pollock and

Pacific cod, to an inshore or offshore

component allocation, will be reached,

the Regional Administrator may

establish a directed fishing allowance

for that species or species group. If the

Regional Administrator establishes a

directed fishing allowance, and that

allowance is or will be reached before

the end of the fishing year, NMFS will

prohibit directed fishing for that species

or species group in the specified GOA

Regulatory Area or district (see

697.20(d)(1)(iii)).

NMFS has published interim 1998

harvest specifications for these

groundfish fisheries (62 FR 65622,

December 15, 1997). The Regional

Administrator has determined that the

following interim TAC amounts will be

reached and are necessary as incidental

catch to support other anticipated

groundfish fisheries prior to the time

that final specifications for groundfish

are likely to be in effect for the 1998

fishing year:

Thornyhead rockfish entire GOA.

Atka mackerel ........... entire GOA.

Sablefish ................... entire GOA.

‘‘Other rockfish’’ ....... entire GOA.

Shortraker/rougheye

rockfish.

entire GOA.

Pacific cod ................ offshore component,

entire GOA.

Pollock ...................... offshore component,

entire GOA.

Deep-water flatfish ... Western Regulatory

Area.

Northern rockfish ..... Eastern Regulatory

Area.

Consequently, in accordance with

§ 679.20(d)(i), the Regional

Administrator establishes these interim

TAC amounts as directed fishing

allowances.

Further, The Regional Administrator

finds that these directed fishing

allowances will be reached before the

end of 1998. Therefore, in accordance

with § 679.20(d) NMFS is prohibiting

directed fishing for these species in the

specified areas.

These closures will be in effect

beginning at 0001 hours, A.l.t., January

1, 1998, until superseded by the Final

1998 Initial Harvest Specifications for

Groundfish.

While these closures are in effect, the

maximum retainable bycatch amounts at

§ 679.20 (e) and (f) apply at any time

during a fishing trip. Additional

closures and restrictions may be found

in existing regulations at 50 CFR part

679. These closures to directed fishing

are in addition to closures and

prohibitions found in regulations at 50

CFR part 679. Refer to § 679.2 for

definitions of areas. The definitions of

GOA deep-water flatfish and ‘‘Other

rockfish’’ species categories are

provided in the Federal Register

publication of the interim 1998 harvest

specifications (62 FR 65622, December

15, 1997).

NMFS may implement other closures

at the time the Final 1998 Initial Harvest

Specifications are implemented or

during the 1998 fishing year, as

necessary for effective conservation and

management.

Classification

This action is required by § 679.20

and is exempt from review under E.O.

12866.

This action responds to the interim

TAC limitations and other restrictions

on the fisheries established in the

interim 1998 harvest specifications for

groundfish for the GOA. It must be

implemented immediately to prevent

overharvesting the 1998 interim TAC of

several groundfish species in the GOA.

A delay in the effective date is

impracticable and contrary to the public

interest. The fleet will begin to harvest

groundfish on January 1, 1998. 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.

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

Dated: December 23, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–33974 Filed 12–30–97; 8:45 am]

BILLING CODE 3510–22–P