[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Rules and Regulations]
[Pages 49103-49104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23459]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 090399A]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel to Vessels Using ``Other Gear'' in the Eastern Aleutian 
District and Bering Sea Subarea of the Bering Sea and Aleutian Islands

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 Atka mackerel by 
vessels using ``other gear'' in the Eastern Aleutian District and the 
Bering Sea subarea of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the 1999 
initial total allowable catch (ITAC) of Atka mackerel allocated to 
vessels using ``other gear'' in the Eastern Aleutian District and the 
Bering Sea subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 7, 
1999, until 2400 hrs, A.l.t., December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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. Regulations governing fishing by U.S. vessels in accordance with 
the FMP are found at subpart H of 50 CFR part 600 and CFR part 679.
    The 1999 ITAC of Atka mackerel allocated to vessels using ``other 
gear'' in the Eastern Aleutian District and the Bering Sea subarea was 
established by the Final 1999 Harvest Specifications for Groundfish (64 
FR 12103, March 11, 1999) as 15,568 metric tons (mt). See 
Sec. 679.20(c)(6) and 679.20(a)(8).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 1999 
ITAC of Atka mackerel allocated to vessels using ``other gear'' in the 
Eastern Aleutian District and the Bering Sea subarea will be reached. 
Therefore, the Regional

[[Page 49104]]

Administrator is establishing a directed fishing allowance of 15,068 
mt, and is setting aside the remaining 500 mt as bycatch to support 
other anticipated groundfish fisheries. In accordance with 
Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance soon will be reached. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel for vessels using 
``other gear'' in the Eastern Aleutian District and the Bering Sea 
subarea of the BSAI.
    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 to 
prevent overharvesting the 1999 ITAC of Atka mackerel allocated to 
vessels using ``other gear'' in the Eastern Aleutian District and the 
Bering Sea subarea of the BSAI. A delay in the effective date is 
impracticable and contrary to the public interest. Further delay would 
only result in overharvest. NMFS finds for good cause that the 
implementation of this action should 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. 679.20 and is exempt from review 
under E.O. 12866.

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

    Dated: September 3, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-23459 Filed 9-3-99; 4:07 pm]
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