[Federal Register: December 2, 2002 (Volume 67, Number 231)]
[Rules and Regulations]
[Page 71489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de02-24]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 011218304-1304-01; I.D. 112202B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod
by Catcher Processor Vessels Using Hook-and-line Gear in 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 Pacific cod by
catcher processor vessels using hook-and-line gear in the Bering Sea
and Aleutian Islands management area (BSAI). This action is necessary
to prevent exceeding the 2002 total allowable catch (TAC) of Pacific
cod allocated for catcher processor vessels using hook-and-line gear in
this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 25,
2002, until 2400 hrs, A.l.t., December 31, 2002.
FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 appear at
subpart H of 50 CFR part 600 and 50 CFR part 679.
The A season apportionment of the 2002 Pacific cod TAC allocated to
catcher processor vessels using hook-and-line gear in the BSAI 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) and by two
reallocations of Pacific cod (67 FR 61826, October 2, 2002 and 67 FR
70557 November 25, 2002) as a directed fishing allowance of 89,920
metric tons. See Sec. 679.20(c)(3)(iii), Sec. 679.20(c)(5), and Sec.
679.20(a)(7)(i)(A)&(C).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2002 Pacific cod TAC allocated to catcher processor vessels using hook-
and-line gear as a directed fishing allowance in the BSAI will soon be
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
cod by catcher processor vessels using hook-and-line gear in 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. The Assistant Administrator for Fisheries,
NOAA, finds that the need to immediately implement this action to
prevent exceeding the 2002 Pacific cod TAC allocated to catcher
processor vessels using hook-and-line gear 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)(3)(B) and 679.20(b)(3)(iii)(A), as such procedures would be
unnecessary and contrary to the public interest. Similarly, the need to
implement these measures in a timely fashion to prevent exceeding the
2002 Pacific cod TAC allocated to catcher processor vessels using hook-
and-line gear 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), 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: November 25, 2002.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 02-30354 Filed 11-25-02; 4:34 pm]
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