24984 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

California coast coho, Umpqua River

searun cutthroat trout, or any of the

listed populations of steelhead. In

addition, NMFS sent a March 4, 1998,

letter to the Council, summarizing its

guidance on protective measures for

listed species and species that may be

listed during the 1998 fishing season.

The Council’s recommended

management measures comply with

NMFS guidance, reasonable and

prudent alternatives of jeopardy

decisions, and the incidental take

conditions in the biological opinions.

For Snake River fall chinook, the STT

estimated a 53 percent Snake River fall

chinook index for the ocean exploitation

rate for all ocean fisheries under the

Council’s recommended management

measures compared to NMFS jeopardy

standard of ≤±70 percent of the 1988–

1993 average. For Sacramento River

winter chinook, it is expected that the

required 31 percent increase in the

spawner-to-spawner replacement rate

over the 1989–1993 base period will be

achieved. The Council’s recommended

management measures result in a 12

percent exploitation rate for Rogue/

Klamath hatchery coho stocks, and no

retention of coho in all areas south of

Cape Falcon for the fourth consecutive

year.

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

Dated: April 30, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–11957 Filed 4–30–98; 4:34 pm]

BILLING CODE 3510–22–P

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.

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 MagnusonStevens 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

§ 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 § 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

§ 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 shallowwater 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 § 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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