Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations 27869

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208298–8055–02; I.D.

051598A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pacific Cod by

Vessels Using Hook-and-Line 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 Pacific cod by vessels using

hook-and-line 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 Pacific cod hook-and-line fishery

category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), May 17, 1998, through 1200

hrs, A.l.t., September 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 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 1998 Pacific halibut bycatch

allowance specified for the Pacific cod

hook-and-line fishery in the BSAI,

which is defined at § 679.21(e)(5)(ii)(A),

was established by the Final 1998

Harvest Specifications of Groundfish for

the BSAI (63 FR 12689, March 16, 1998)

as 37 mt.

In accordance with § 679.21(e)(9), the

Administrator, Alaska Region, NMFS

(Regional Administrator), has

determined that the second seasonal

apportionment of the 1998 Pacific

halibut bycatch allowance specified for

the Pacific cod hook-and-line fishery in

the BSAI has been caught.

Consequently, NMFS is prohibiting

directed fishing for Pacific cod by

vessels using hook-and-line gear in the

BSAI.

Maximum retainable bycatch amounts

may be found 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 Pacific cod hook-and-line fishery in

the BSAI. 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

specified for the Pacific cod hook-andline fishery in the BSAI being exceeded

and disrupt the FMP’s objective of

limiting hook-and-line 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: May 15, 1998.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–13500 Filed 5–18–98; 9:52 am]

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