[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Rules and Regulations]
[Pages 9379-9380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5170]


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DEPARTMENT OF COMMERCE
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.

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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 Sec. 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 Sec. 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

[[Page 9380]]

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 Sec. 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 Sec. 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 
Sec. 679.25(a)(2)(i)(C). In accordance with Sec. 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 
Sec. 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 Sec. 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]
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