[Federal Register: October 16, 2003 (Volume 68, Number 200)]
[Rules and Regulations]
[Page 59546-59547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc03-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021212306-2306-01; I.D. 101003A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Catching Pacific Cod for Processing by the Offshore
Component in the Central Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 59547]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of a closure.
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SUMMARY: NMFS is reopening directed fishing for Pacific cod by vessels
catching Pacific cod for processing by the offshore component in the
Central Regulatory Area of the Gulf of Alaska (GOA) for 48 hours. This
action is necessary to fully use the total allowable catch (TAC) of
Pacific cod apportioned to vessels catching Pacific cod for processing
by the offshore component in the Central Regulatory Area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 12,
2003, through 1200 hrs, A.l.t., October 14, 2003.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 closed the directed fishery for Pacific cod by vessels
catching Pacific cod for processing by the offshore component in the
Central Regulatory Area of the GOA at 2400 hrs, October 1, 2003 (68 FR
57636, October 6, 2003).
NMFS has determined that, approximately 560 mt of Pacific cod
remain in the directed fishing allowance. Therefore, in accordance with
Sec. Sec. 679.25(a)(1)(i) and (a)(2)(iii)(D), and to fully utilize the
Pacific cod apportioned to vessels catching Pacific cod for processing
by the offshore component in the Central Regulatory Area, NMFS is
terminating the previous closure and is reopening directed fishing for
Pacific cod by vessels catching Pacific cod for processing by the
offshore component in the Central Regulatory Area of the GOA. In
accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator
finds that this directed fishing allowance will be reached after 48
hours. Consequently, NMFS is prohibiting directed fishing for Pacific
cod by vessels catching Pacific cod for processing by the offshore
component in the Central Regulatory Area of the GOA effective 1200 hrs,
A.l.t., October 14, 2003.
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 impracticable and contrary to the
public interest as it would prevent the Agency from responding to the
most recent fisheries data in a timely fashion and delay the opening of
the fishery for Pacific cod apportioned to vessels catching Pacific cod
for processing by the offshore component in the Central Regulatory
Area, thus reducing 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: 16 U.S.C. 1801 et seq.
Dated: October 10, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-26193 Filed 10-10-03; 3:10 pm]
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