Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 /Rules and Regulations 20541

(8) A vessel whose owner has a

limited access permit issued under this

subpart and has an operating VMS unit

certified by the NMFS may transit the

Crustaceans Permit Area 1, including

the Crustaceans Permit Area 1 VMS

Subarea, with lobster traps on board for

the purpose of returning to port

following the closure date, as specified

in § 660.50, providing the vessel does

not stop and is making steady progress

back to port as determined by NMFS.

* * * * *

6. In § 660.50, paragraph (b)(2) is

revised to read as follows:

§ 660.50 Harvest limitation program.

* * * * *

(b) * * *

(2) NMFS shall publish a document

indicating the annual harvest guideline

in the Federal Register by February 28

of each year and shall use other means

to notify permit holders of the harvest

guideline for the year.

* * * * *

[FR Doc. 98–11017 Filed 4–24–98; 8:45]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208298–8055–02; I.D.

042198A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species in the Rock

Sole/Flathead Sole/‘‘Other Flatfish’’

Fishery Category by Vessels Using

Trawl Gear in Bering Sea and Aleutian

Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery

category by vessels using trawl gear in

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the

second seasonal apportionment of the

1998 Pacific halibut bycatch allowance

specified for the trawl rock sole/flathead

sole/‘‘other flatfish’’ fishery category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 21, 1998, until 1200

hrs, A.l.t., July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery 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.

The second seasonal apportionment

of the prohibited species bycatch

mortality allowance of halibut for the

BSAI trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery category, which

is defined at § 679.21(e)(4)(iv)(B)(2), was

established as 120 mt by the Final 1998

Harvest Specifications of Groundfish for

the BSAI (63 FR 12689, March 16,

1998).

In accordance with § 679.21(e)(8)(v),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 1998 halibut

bycatch allowance specified for the

trawl rock sole/flathead sole/‘‘other

flatfish’’ fishery in the BSAI has been

caught. Consequently, the Regional

Administrator is closing directed fishing

for species in the rock sole/flathead

sole/‘‘other flatfish’’ fishery category by

vessels using trawl gear in the BSAI.

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 to prevent

exceeding the second seasonal

apportionment of the 1998 Pacific

halibut bycatch allowance specified for

the trawl rock sole/flathead sole/‘‘other

flatfish’’ fishery category. Providing

prior notice and an opportunity for

public comment on this action is

impracticable and contrary to the public

interest. The fleet will soon take the

apportionment. Further delay would

only result in the second seasonal

apportionment of the 1998 Pacific

halibut bycatch allowance being

exceeded and disrupt the FMP’s

objective of limiting trawl Pacific

halibut mortality. NMFS finds for good

cause that the implementation of this

action cannot be delayed for 30 days.

Accordingly, under 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: April 21, 1998.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–11016 Filed 4–21–98; 4:42 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

042098A]

Fisheries of the Economic Exclusive

Zone Off Alaska; Deep-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

deep-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA). This action is necessary because

the second seasonal bycatch allowance

of Pacific halibut apportioned to the

deep-water species fishery in the GOA

has been caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 21, 1998, until 1200

hrs, A.l.t., July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

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 deep-water species

fishery, which is defined at

§ 679.21(d)(3)(iii)(B), was established by

the Final 1998 Harvest Specifications of

Groundfish for the GOA (63 FR 12027,

March 12, 1998) for the second season,