[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Rules and Regulations]
[Page 24984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12002]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208297-8054-02; I.D. 050198A]


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
water Species Fishery by Vessels using Trawl Gear in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska (GOA), except for vessels fishing for pollock using 
pelagic trawl gear in those portions of the GOA open to directed 
fishing for pollock. This action is necessary because the second 
seasonal bycatch allowance of Pacific halibut apportioned to the 
shallow-water species fishery in the GOA has been caught.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 2, 1998, 
until 1200 hrs, A.l.t., July 1, 1998.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7447.

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 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.
    The prohibited species bycatch mortality allowance of Pacific 
halibut for the GOA trawl shallow-water species fishery, which is 
defined at Sec. 679.21(d)(3)(iii)(A), was established by the Final 1998 
Harvest Specifications of Groundfish for the GOA (63 FR 12027, March 
12, 1998) for the second season, which ends June 30, 1998, as 100 mt.
    In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 1998 Pacific halibut bycatch mortality 
allowance specified for the trawl shallow-water species fishery in the 
GOA has been caught. Consequently, NMFS is prohibiting directed fishing 
for the shallow-water species fishery by vessels using trawl gear in 
the GOA, except for vessels fishing for pollock using pelagic trawl 
gear in those portions of the GOA open to directed fishing for pollock. 
The species and species groups that comprise the shallow-water species 
fishery are: pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and ``other species''.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately in order 
to prevent overharvesting the second seasonal bycatch allowance of 
Pacific halibut apportioned to the shallow-water species fishery in the 
GOA. A delay in the effective date is impracticable and contrary to the 
public interest. The fleet has already taken the second seasonal 
bycatch allowance of Pacific halibut. Further delay would only result 
in the 1998 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA being exceeded. NMFS finds for 
good cause that the implementation of this action can not 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. 679.21 and is exempt from review 
under E.O. 12866.

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

    Dated: May 1, 1998.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-12002 Filed 5-1-98; 3:00 pm]
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