[Federal Register: March 20, 2003 (Volume 68, Number 54)]
[Rules and Regulations]               
[Page 13635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr03-17]                         


[[Page 13635]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

Docket No. 021212307-3037-3037-02; I.D. 031303B]

 
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), NationalOceanic 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 A season apportionment of the 2003 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.), March 15, 2003, 
until 2400 hrs, A.l.t., June 10, 2003.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 2003 Pacific cod TAC allocated to 
catcher/processor vessels using hook-and-line gear in the BSAI was 
established as a directed fishing allowance of 46,747 metric tons by 
the final 2003 harvest specifications for groundfish in the BSAI (68 FR 
9907, March 3, 2003). See Sec.  679.20(c)(3)(iii), Sec.  679.20(c)(5), 
and Sec.  679.20(a)(7)(i)(A) and (C).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the A 
season apportionment of the 2003 Pacific cod TAC allocated as a 
directed fishing allowance to catcher/processor vessels using hook-and-
line gear 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 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 (AA), 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 A 
season apportionment, and therefore reduce the public's ability to use 
and enjoy the fishery resource.
    The AA 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: Authority: 16 U.S.C. 1801 et seq.

    Dated: March 14, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-6715 Filed 3-17-03; 1:07 pm]

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