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[Federal Register: September 26, 2002 (Volume 67, Number 187)]
[Rules and Regulations]               
[Page 60602-60603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se02-18]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 091902E]

 
Fisheries of the Exclusive Economic Zone Off Alaska; Thornyhead 
Rockfish in the Western Regulatory Area of 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 retention of thornyhead rockfish in the 
Western Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring 
that catch of thornyhead rockfish in this area be treated in the same 
manner as prohibited species and discarded at sea with a minimum of 
injury. This action is necessary because the 2002 total allowable catch 
(TAC) specified for thornyhead rockfish in this area has been achieved.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 21, 
2002, until 2400 hrs, A.l.t., December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or 
<A HREF="mailto:mary.furuness@noaa.gov">mary.furuness@noaa.gov</A>.

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 CFR part 679.
    The 2002 TAC allocation of thornyhead rockfish for the Western 
Regulatory Area was established as 360 metric tons by an emergency rule 
implementing 2002 harvest specifications and associated management 
measures for the groundfish fisheries off Alaska (67 FR 956, January 8, 
2002 and 67 FR 34860, May 6, 2002).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the 2002 TAC specified for thornyhead 
rockfish in the Western Regulatory Area of the GOA has been achieved. 
Therefore, NMFS is

[[Page 60603]]

requiring that further catches of thornyhead rockfish in the Western 
Regulatory Area of the GOA be treated as prohibited species in 
accordance with Sec.  679.21(b).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds 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) as such requirement is contrary to the public 
interest. This requirement is contrary to the public interest as it 
would delay the closure of the fishery, lead to overharvesting the TAC, 
and therefore reduce the public's ability to use and enjoy the fishery 
resource.
    The Assistant Administrator for fisheries, NOAA also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons 
provided above for waiver of prior notice and opportunity for public 
comment.
    This action is required by section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 20, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-24368 Filed 9-20-02; 4:24 pm]
BILLING CODE 3510-22-S

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