[Federal Register: March 21, 2003 (Volume 68, Number 55)]
[Rules and Regulations]
[Page 13858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr03-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021122286-3036-02; I.D. 031703D]
Fisheries of the Exclusive Economic Zone off Alaska; Pollock in
Statistical Area 630 of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustment; request for comments.
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SUMMARY: NMFS issues an inseason adjustment opening the B fishing
season for pollock in Statistical Area 630 of the Gulf of Alaska (GOA)
for 12 hours effective 1200 hrs, Alaska local time (A.l.t.), March 20,
2003, until 2400 hrs, A.l.t., March 20, 2003. This adjustment is
necessary to allow the fishing industry opportunity to harvest the B
season allowance of the pollock total allowable catch (TAC) in
Statistical Area 630 of the GOA.
DATES: Effective 1200 hrs, A.l.t., March 20, 2003, until 2400 hrs,
A.l.t., March 20, 2003. Comments must be received no later than 4:30
p.m., A.l.t., April 2, 2003.
ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall. Comments also
may be sent via facsimile (fax) to 907-586-7557. Comments will not be
accepted if submitted via e-mail or Internet. Courier or hand delivery
of comments may be made to NMFS in the Federal Building, Room 453,
Juneau, AK 99801.
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 Groundfish 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.
NMFS issued a prohibition to directed fishing for pollock effective
March 10, 2003, for Statistical Area 630, in accordance with Sec.
679.20(d)(1)(iii) (68 FR 11994, March 13, 2003).
As of March 11, 2003, 857 metric tons (mt) of pollock remain in the
B season allowance of the pollock TAC in Statistical Area 630 of the
GOA. Regulations at Sec. 679.23(b) specify that the time of all
openings and closures of fishing seasons other than the beginning and
end of the calendar fishing year is 1200 hrs, A.l.t. Current
information shows the catching capacity of vessels catching pollock for
processing by the inshore component in Statistical Area 630 of the GOA
is about 1,500 mt per day. The Administrator, Alaska Region, NMFS, has
determined that the B season allowance of the pollock TAC could be
exceeded if a 24-hour fishery were allowed to occur. NMFS is not
allowing a 24-hour directed fishery in order that the seasonal
allowance not be exceeded. NMFS, in accordance with Sec.
679.25(a)(1)(i) and Sec. 679.25(a)(2)(i), is adjusting the B fishing
season for pollock in Statistical Area 630 of the GOA by opening the
fishery at 1200 hrs, A.l.t., March 20, 2003 and closing the fishery at
2400 hrs, A.l.t., March 20, 2003, at which time directed fishing for
pollock will be prohibited. This action has the effect of opening the
fishery for 12 hours.
NMFS is taking this action to allow a controlled fishery to occur,
thereby preventing the overharvest of the B season allowance of the
pollock TAC designated in accordance with the final 2003 harvest
specifications for groundfish in the GOA (68 FR 9924, March 3, 2003)
and Sec. 679.20(a)(5)(iii). In accordance with Sec.
679.25(a)(2)(iii), NMFS has determined that prohibiting directed
fishing at 2400 hrs, A.l.t., March 20, 2003, after a 12- hour opening
is the least restrictive management adjustment to achieve the B season
allowance of the pollock TAC. Pursuant to Sec. 679.25(b)(2), NMFS has
considered data regarding catch per unit of effort and rate of harvest
in making this adjustment.
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 opening of the fishery, not allow the full utilization
of the pollock TAC, and therefore reduce the public's ability to use
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.
Without this inseason adjustment, NMFS could not allow the B season
allowance of the pollock TAC in Statistical Area 630 of the GOA to be
harvested in an expedient manner and in accordance with the regulatory
schedule. Under Sec. 679.25(c)(2), interested persons are invited to
submit written comments on this action to see ADDRESSES until April 2,
2003.
This action is required by Sec. Sec. 679.20 and 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 17, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-6839 Filed 3-18-03; 3:52 pm]
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