[Federal Register: October 7, 2003 (Volume 68, Number 194)]
[Rules and Regulations]
[Page 57837-57838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc03-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021212307-3037-02; I.D. 100103B]
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Western Aleutian District
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 Atka mackerel in the
Western Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the 2003 Atka mackerel total allowable catch (TAC) in this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 2, 2003,
until 2400 hrs, A.l.t., December 31, 2003.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone 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 2003 TAC of Atka mackerel in the Western Aleutian District of
the BSAI was established by the final 2003 harvest specifications for
groundfish in the BSAI (68 FR 9907, March 3, 2003) as 18,491 metric
tons (mt). Regulations that are the basis for specifying this TAC are
found at Sec. 679.20(c)(3)(iii) and (c)(6).
[[Page 57838]]
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2003
Atka mackerel TAC in the Western Aleutian District will be reached.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 18,441 mt, and is setting aside the remaining 50
mt as bycatch to support other anticipated groundfish fisheries. In
accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator
finds that this directed fishing allowance will be reached.
Consequently, NMFS is prohibiting directed fishing for Atka mackerel in
the Western Aleutian District of the BSAI.
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 Atka
mackerel TAC in the Western Aleutian District, 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: 16 U.S.C. 1801 et seq.
Dated: October 1, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-25354 Filed 10-02-03; 2:05 pm]
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