Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations 9379

small entities already analyzed,

discussed, and described in

Amendments 5 and 7 to the FMP.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 21, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648 is amended

as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.2, the definition for

‘‘Gillnet gear capable of catching

multispecies’’ is added in alphabetical

order to read as follows:

§ 648.2 Definitions.

* * * * *

Gillnet gear capable of catching

multispecies means all gillnet gear

except pelagic gillnet gear specified at

§ 648.81(f)(2)(ii) and pelagic gillnet gear

that is designed to fish for and is used

to fish for, or catch, tunas, swordfish

and sharks.

* * * * *

3. In § 648.14, paragraph (a)(89) is

revised and paragraph (c)(11) is added

to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(89) Fish with, set, haul back, possess

on board a vessel, unless stowed in

accordance with § 648.23(b), or fail to

remove sink gillnet gear or gillnet gear

capable of catching multispecies from

the EEZ portion of the areas, and for the

times, specified in § 648.87(a) and (b),

except as provided in § 648.81(f)(2)(ii)

and in § 648.87(b)(1)(i), or unless

authorized in writing by the Regional

Administrator.

* * * * *

(c) * * *

(11) Enter, fail to remove sink gillnet

gear or gillnet gear capable of catching

multispecies from, or be in the areas,

and for the times, described in

§ 648.87(a) and (b), except as provided

in § 648.81(d), (f)(2), (g)(2), and (h)(2),

and in § 648.87(b)(1)(i).

* * * * *

4. In § 648.81, paragraph (f)(2)(ii) is

revised to read as follows:

§ 648.81 Closed areas.

* * * * *

(f) * * *

(2) * * *

(ii) That are fishing with or using

exempted gear as defined under this

part, excluding mid-water trawl gear

and pelagic gillnet gear capable of

catching multispecies, except vessels

may fish with a single pelagic gillnet,

not longer than 300 ft and not greater

than 6 ft deep, with a maximum mesh

size of 3 inches, provided the net is

attached to the boat, is fished in the

upper two-thirds of the water column

and is marked with the owner’s name

and vessel identification number, and

provided there is no other gear on board

capable of catching multispecies finfish;

or

* * * * *

5. In § 648.87, the section heading and

paragraph (a) and paragraph (b) heading

and introductory text are revised to read

as follows:

§ 648.87 Gillnet requirements to reduce

harbor porpoise takes.

(a) Areas closed to sink gillnets and

other gillnets capable of catching

multispecies. Sections 648.81(f) through

(h) set forth closed area restrictions to

reduce the take of harbor porpoise

consistent with the harbor porpoise

mortality goals.

(b) Additional areas closed to sink

gillnets and other gillnets capable of

catching multispecies. All persons

owning or operating vessels in the EEZ

portion of the areas and for the times

specified in paragraphs (b)(1) and (2) of

this section, must remove all of their

sink gillnets and other gillnet gear

capable of catching multispecies, and

may not use, set, haul back, fish with,

or possess on board (unless stowed in

accordance with the requirements of

§ 648.23(b)), a sink gillnet or other

gillnet gear capable of catching

multispecies except for a single pelagic

gillnet as described in § 648.81(f)(2)(ii);

and all persons owning or operating

vessels issued a limited access

multispecies permit must remove all of

their gillnet gear capable of catching

multispecies and may not use, set, haul

back, fish with, or possess on board

(unless stowed in accordance with the

requirements of § 648.23(b)), a gillnet

capable of catching multispecies in the

areas and for the time specified in

paragraphs (b)(1) and (2) of this section,

except for a single pelagic gillnet as

described in § 648.81(f)(2)(ii).

* * * * *

[FR Doc. 97–4907 Filed 2–28–97; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

022697A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Offshore Component

Pollock in the Aleutian Islands Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure;

inseason adjustment.

SUMMARY: NMFS is opening directed

fishing for pollock by vessels catching

pollock for processing by the offshore

component in the Aleutian Islands

subarea (AI) of the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to fully

utilize the total allowable catch (TAC) of

pollock in that area.

DATES: The modification is effective

1200 hrs, Alaska local time (A.l.t.),

February 26, 1997, until 2400 hrs, A.l.t.,

February 27, 1997. Comments must be

received at the following address no

later than 1630 hrs, A.l.t., March 17,

1997.

FOR FURTHER INFORMATION CONTACT:

Mike Sloan, 907–581–2062.

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 (c)(3)(iii),

the allowance for the pollock TAC

apportioned for vessels catching pollock

for processing by the offshore

component in the AI was established by

the Final 1997 Harvest Specifications

for Groundfish (62 FR 7168, February

18, 1997) as 16,835 metric tons (mt).

The Administrator, Alaska Region,

NMFS (Regional Administrator), has

established a directed fishing allowance

of 14,835 mt, and set aside the

remaining 2,000 mt as bycatch to

support other anticipated groundfish

fisheries. The fishery for pollock by

vessels catching pollock in the AI of the

BSAI was closed to directed fishing

under § 679.20(d)(1)(iii) on February 23,

1997, in order to reserve amounts

anticipated to be needed for incidental

catch in other fisheries. This action was
9380 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations

filed at the Office of the Federal Register

on February 21, 1997, and scheduled for

publication in the Federal Register on

February 27, 1997.

NMFS has determined that as of

February 24, 1997, 7,835 mt remain in

the directed fishing allowance.

Therefore, NMFS is terminating the

previous closure and is opening

directed fishing for pollock by vessels

catching pollock for processing by the

offshore component in the AI of the

BSAI effective 1200 hrs, A.l.t., February

26, 1997.

In accordance with § 679.20(d)(1)(iii),

the Regional Administrator finds that

this directed fishing allowance will

soon be reached. Current information

shows the catching capacity of vessels

catching pollock for processing by the

offshore component is in excess of 5,500

mt per day.

Section 679.23(b) specifies that the

time of all openings and closures of

fishing seasons other than the beginning

and end of the calendar fishing year is

1200 hrs, A.l.t. The Regional

Administrator has determined that the

remaining portion of the allocation to

the offshore component would be

underharvested if a 1200–hrs closure

were allowed to occur.

In accordance with § 679.25(a)(1)(i),

NMFS is adjusting the season for

pollock by vessels catching pollock for

processing by the offshore component in

the AI of the BSAI. NMFS is prohibiting

directed fishing for pollock by vessels

catching pollock for processing by the

offshore component in the AI at 2400

hrs, A.l.t., February 27, 1997.

NMFS is taking this action to prevent

the underharvest of the pollock

allocation to vessels catching pollock for

processing by the offshore component in

the AI of the BSAI as authorized by

§ 679.25(a)(2)(i)(C). In accordance with

§ 679.25(a)(2)(iii), NMFS has

determined that closing the season at

2400 hrs, A.l.t., on February 27, 1997, is

the least restrictive management

adjustment to harvest the pollock

allocated to vessels catching pollock for

processing by the offshore component in

the AI of the BSAI and will allow other

fisheries to continue in noncritical areas

and time periods.

The Assistant Administrator for

Fisheries, NOAA, finds for good cause

that providing prior notice and public

comment or delaying the effective date

of this action is impracticable and

contrary to the public interest. Without

this inseason adjustment, the pollock

allocation for vessels catching pollock

for processing by the offshore

component in the AI of the BSAI would

be underharvested, resulting in an

economic loss of more than 1.5 million

dollars. Under § 679.25(c)(2), interested

persons are invited to submit written

comments on this action to the above

address until March 13, 1997.

All other closures remain in full force

and effect.

Classification

This action is taken under § 679.20

and is exempt from review under E.O.

12866.

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

Dated: February 26, 1997.

Gary Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–5170 Filed 2–26–97; 2:35 am]

BILLING CODE 3510–22–F