30148 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 /Rules and Regulations

SUPPLEMENTARY INFORMATION: Under

Amendment 9 to the FMP, the

Southwest Regional Administrator,

NMFS (Regional Administrator), sets the

annual harvest guideline for the NWHI

crustacean fishery. The guideline is

determined by multiplying the

estimated exploitable lobster population

(spiny and slipper lobster combined) by

a constant harvest rate (13 percent)

associated with a specific risk of

overfishing (10 percent. As described in

Amendments 7 and 9 to the FMP, the

total NWHI population of exploitable

lobsters is estimated from commercial

logbook lobster catch and effort data.

The harvest guideline represents the

total allowable mortality of lobsters in

the fishery regardless of lobster size or

reproductive condition. The Regional

Administrator will close the fishery

when the harvest guideline is estimated

to be reached.

The harvest guideline for the 1998

NWHI lobster fishery is 286,000 lobsters

based on an estimated total exploitable

population of about 2,200,000 spiny and

slipper lobsters (species combined).

Under Amendment 9 to the FMP, the

Regional Administrator is required to

announce a harvest guideline for the

entire NWHI. However, the Regional

Administrator has reason to believe that

if the 1998 lobster harvest is not limited

for certain banks/areas, the lobster

populations there may be at risk of

overexploitation. The Council and

fishing industry also concur with this

assessment. At its 95th meeting, the

Council initiated action to consider the

establishment of a bank/area specific

management regime under the

framework procedures of the FMP. At

its 96th meeting, which was held on

May 8, 1998, the Council met and voted

to recommend bank-specific harvest

guidelines for the 1998 fishing year. The

public was given the opportunity to

comment prior to and at this meeting,

on the issue of bank-specific harvest

guidelines. NMFS is working with the

Council to develop separate proposed

and final rules for bank-specific harvest

guidelines.

The Pacific Islands Area Office will

monitor landings and issue timely

reports of the level of cumulative catch

information and of the amount of the

harvest guideline remaining. Fishermen

are advised to contact the Pacific Islands

Area Office (see ADDRESSES)

periodically to stay abreast of any

changes and of progress of the fishery

toward attaining the harvest guideline.

Under the procedures in 50 CFR

660.50(b)(3), NMFS will announce the

date upon which the harvest guideline

will be reached and when the fishery

will be closed.

Classification

This action is authorized by 50 CFR

part 660 and is exempt from review

under Executive Order 12866.

Because prior notice and opportunity

for public comment are not required for

this action by 5 U.S.C. 553, or any other

law, the analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

The Assistant Administrator for

Fisheries (AA), NOAA, finds that

because this notice merely announces a

harvest guideline resulting from the

nondiscretionary application of the

objective harvest guideline formula in

Amendment 9 to the FMP, no useful

purpose would be served by providing

prior notice and opportunity for public

comment. Accordingly, the AA finds

good cause under 5 U.S.C. 553(b)(B) to

waive as unnecessary the requirement to

provide prior notice and opportunity for

public comment.

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

Dated: May 28, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–14743 Filed 6–2–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208298–8055–02; I.D.

112097B]

Fisheries of the Exclusive Economic

Zone Off Alaska; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Correction to final 1998

specifications for groundfish.

SUMMARY: This document contains

corrections to the Final 1998 Harvest

Specifications for Groundfish of the

Bering Sea and Aleutian Islands which

were published on March 16, 1998, and

contain an incorrect fishing season date

for Pacific cod nontrawl fisheries and an

incorrect apportionment of halibut

mortality to the nontrawl fisheries.

DATES: This action becomes effective

June 3, 1998.

FOR FURTHER INFORMATION CONTACT:

Alan Kinsolving, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The final 1998 specifications for

groundfish of the Bering Sea and

Aleutian Islands published on March

16, 1998, announced harvest limits and

associated management measures for

groundfish during the 1998 fishing year

(63 FR 12689). The specifications

contained an incorrect fishing season

date for Pacific cod nontrawl fisheries,

and an incorrect apportionment of

halibut mortality to the nontrawl

fisheries. The Council intended the

allocation of halibut mortality to the

Nontrawl Fisheries for Pacific cod to be

750 mt, not 777 mt; the dates for the

Pacific cod third seasonal allocation to

be September 15 through December 31,

not September 14 to December 31; the

allocation to that Pacific cod third

season (September 15 through December

31) to be 255 mt, not 282 mt; and the

allocation to the ‘‘Other non-trawl’’

category to be 83 mt, not 56 mt.

Correction of Publication

The publication on March 16, 1998, of

the final regulations (I.D. 112097B),

which was the subject of FR Doc. 98–

6620 is corrected as follows:

1. On page 12695, Table 6

(Continued), revise the text under the

heading ‘‘Nontrawl Fisheries’’ to read as

follows:

TABLE 6.—1998 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NONTRAWL FISHERIES—

CONTINUED

Nontrawl Fisheries

Pacific cod ......................................................................... 750 .................... .................... .................... .................... ....................

Jan. 1–Apr. 30 ........................................................... 458 .................... .................... .................... .................... ....................

May 1–Sep. 14 .......................................................... 37 .................... .................... .................... .................... ....................

Sep. 15–Dec. 31 ........................................................ 255 .................... .................... .................... .................... ....................

Other non-trawl ................................................................. 83 .................... .................... .................... .................... ....................
Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 /Rules and Regulations 30149

TABLE 6.—1998 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NONTRAWL FISHERIES—

CONTINUED—Continued

Groundfish pot & jig .......................................................... (1) .................... .................... .................... .................... ....................

Sablefish hook & line ........................................................ (1) .................... .................... .................... .................... ....................

Total Nontrawl ........................................................ 833 .................... .................... .................... .................... ....................

PSQ Reserve 1 ....................................................... 351 129 7,500 349,050 56,250 157,500

1Exempt.

Dated: May 28, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–14742 Filed 6–2–98; 8:45 am]

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