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National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 000211040-0040-01; I.D. 042800A]

NOTICE: RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Closure.

SUBJECT CATEGORY: 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 Management Area

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 30, 2000, until 1200 hrs, A.l.t., July 4, 2000.

DOCUMENT 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 2000 halibut bycatch mortality allowance specified for the trawl rock sole/flathead sole/``other flatfish'' fishery category.

SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Rock sole, flathead sole, other flatfish,


SUPPLEMENTAL 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 MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

The second seasonal apportionment of halibut bycatch mortality allowance specified for the BSAI trawl rock sole/flathead sole/``other flatfish'' fishery category, which is defined at
Sec. 679.21(e)(3)(iv)(B)(2), was established as 168 metric tons by the Final 2000 Harvest Specifications for Groundfish (65 FR 8282, February 18, 2000).

In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the second seasonal apportionment of the 2000 halibut bycatch mortality 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 Sec. 679.20(e) and (f).

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 2000 halibut bycatch mortality 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 2000 halibut bycatch mortality allowance being exceeded. 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.

Classification

This action is required by 50 CFR 679.21 and is exempt from review under E.O. 12866.

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

Dated: April 28, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 0010990 Filed 42800; 12:54 pm] BILLING CODE 351022F

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

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