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[Federal Register: September 3, 2002 (Volume 67, Number 170)]
[Rules and Regulations]               
[Page 56230-56231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se02-9]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 082702A]

 
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), except for vessels fishing for pollock using pelagic 
trawl gear in those portions of the GOA open to directed fishing for 
pollock. This action is necessary because the fourth seasonal 
apportionment of the 2002 Pacific halibut bycatch allowance specified 
for the deep-water species fishery in the GOA was reached during the 
third seasonal apportionment.

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

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228, or 
<A HREF="mailto:Andy.Smoker@noaa.gov">Andy.Smoker@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 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)(A), 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 67 FR 34860, May 
16, 2002) for the fourth season, the period September 1, 2002, through 
October 1, 2002, as 150 metric tons. Section 679.21(d)(5)(iv) specifies 
that if a seasonal apportionment of a halibut PSC limit specified for 
trawl, hook-and-line, or pot gear is exceeded, the amount by which the 
seasonal apportionment is exceeded will be deducted from the respective 
apportionment for the next season during a current fishing year. 
Current data indicate that the Pacific halibut bycatch allowance for 
the fourth season was taken during the third seasonal allocation. 
Therefore, there is no fourth seasonal apportionment available for the 
GOA deep-water species fishery by vessels using trawl gear.
    Therefore, in accordance with Sec. 679.21(d)(7)(i), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the fourth seasonal apportionment of the 2002 Pacific 
halibut bycatch allowance specified for the trawl deep-water species 
fishery in the GOA was reached during the third seasonal apportionment. 
Consequently, NMFS is prohibiting directed fishing for the deep-water 
species fishery by vessels using trawl gear in the GOA, except for 
vessels fishing for pollock using pelagic trawl gear in those portions 
of the GOA open to directed fishing for pollock. The species and 
species groups that comprise the deep-water species fishery are: 
pollock, Pacific cod, deep-water flatfish, flathead sole, Atka 
mackerel, and ``other species.''
    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 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 exceeding the fourth 
seasonal halibut bycatch allowance specified for the deep water species

[[Page 56231]]

fishery in the GOA, 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 Sec. 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 27, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-22344 Filed 8-28-02; 2:54 pm]
BILLING CODE 3510-22-S

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