[Federal Register: August 7, 2002 (Volume 67, Number 152)]
[Rules and Regulations]               
[Page 51129-51130]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au02-25]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 080202A]

 
Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water 
Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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 species that comprise 
the deep-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA). This action is necessary because the third seasonal 
apportionment of the 2002 Pacific halibut bycatch allowance specified 
for the deep-water species fishery in the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 2, 2002, 
until 1200 hrs, A.l.t., September 1, 2002.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery 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 in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The Pacific halibut bycatch allowance for the GOA trawl deep-water 
species fishery, which is defined at Sec. 679.21(d)(3)(iii)(B), was 
established by an emergency rule implementing 2002 harvest 
specifications and associated management measures for the groundfish 
fisheries off Alaska (67 FR 956, January 8, 2002) for the third season, 
the period June 30, 2002, through September 1, 2002, as 400 metric 
tons.
    In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS, has determined that the third seasonal apportionment of 
the 2002 Pacific halibut bycatch allowance specified for the trawl 
deep-water species fishery in the GOA has been reached. Consequently, 
NMFS is prohibiting directed fishing for the deep-water species fishery 
by vessels using trawl gear in the GOA. The species and species groups 
that comprise the deep-water species fishery are: all rockfish of the 
genera Sebastes and Sebastolobus, deep water flatfish, rex sole, 
arrowtooth flounder, and sablefish.
    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. The Assistant Administrator for Fisheries, 
NOAA, finds that, because the third seasonal apportionment of the 2002 
Pacific halibut bycatch allowance specified for the deep-water species 
fishery in the GOA has been reached, the need to immediately implement 
this action constitutes good cause to waive the requirement to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth at 5 U.S.C. 553(b)(B). These procedures are 
unnecessary and contrary to the public interest because of the need to 
implement these measures in a timely fashion because the third seasonal 
apportionment of the 2002 Pacific halibut bycatch allowance specified 
for the deep-water species fishery in the

[[Page 51130]]

GOA has been reached. This constitutes good cause to find that the 
effective date of this action cannot be delayed for 30 days. 
Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is 
hereby waived.
    This action is required by Sec. 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 2, 2002.
Valerie Chambers,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-19974 Filed 8-2-02; 2:01 pm]
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