Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska

NMFS manages the groundfish fishery in the GOA exclusive economic zone 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 Magnuson- Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels is in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The pollock TAC in Statistical Area 630 was established by the Final 1999 Harvest Specifications for Groundfish for the GOA (64 FR 12094, March 11, 1999) as 30,520 metric tons (mt) for the entire fishing year and 7,630 mt for the third seasonal allowance. The Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the second seasonal catch was in excess of the second seasonal allowance by 402 mt and that the excess shall be proportionately subtracted from the subsequent seasonal allowances. In accordance with Sec. 679.20(a)(5)(ii)(C), the third seasonal allowance of pollock TAC in Statistical Area 630 is 7,429 mt. NMFS issued an inseason adjustment in expectation of excessive harvest capacity, effective September 2, 1999, limiting the initial opening of the C season fishery to 24 hours in accordance with Sec. 679.25(a)(1)(i)(64 FR 48332, September 3, 1999). Within that same adjustment NMFS extended the C fishing season by inseason adjustment to delay the start of the D fishing season until the agency had determined whether sufficient amounts of the C season allowance remained unharvested to allow another opening within the C fishing season prior to the harvest of the pollock authorized for the D season. NMFS opened the subsequent C season fishery to directed fishing effective 1200 hrs, A.l.t. September 14, 1999. The opening notice will be published in the Federal Register on September 17, 1999. In accordance with Sec. 679.20(d)(1)(i), the Regional Administrator has determined that the third seasonal allowance of pollock TAC in Statistical Area 630 has been reached and that sufficient amounts of the C season allowance were harvested to close the C fishing season which will initiate the regulatory schedule to open the D season. The Regional Administrator has established a directed fishing allowance of 7,379 mt for the C season allowance and has set aside the remaining 50 mt as bycatch to support other anticipated groundfish fisheries prior to the start of the D season. In accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 from 1200 hrs, A.l.t., September 16, 1999. Pursuant to 679.23(d)(3)(iv) the D season fishery will open 1200 hrs, A.l.t. September 21, 1999. Maximum retainable bycatch amounts may be found in the regulations at Sec. 679.20(e) and (f).

Classification

This action responds to the third seasonal TAC limitations and other restrictions on the fisheries established in the Final 1999 Harvest Specifications for Groundfish in the GOA. It must be implemented immediately to prevent overharvesting the third seasonal allowance of pollock TAC in Statistical Area 630 of the GOA. 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 Secs. CFR 679.20 and 679.23 and is exempt from review under E.O. 12866.

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

Dated: September 15, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-24564 Filed 9-16-99; 2:01 pm] BILLING CODE 3510-22-F