[Federal Register: February 20, 2003 (Volume 68, Number 34)]
[Rules and Regulations]               
[Page 8153-8154]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe03-2]                         


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DEPARTMENT OF COMMERCE


National Oceanic and Atmospheric Administration


50 CFR Part 679


[Docket No. 021212307-2307-01; I.D. 021303C]


 
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
by Vessels Using Non-Pelagic Trawl Gear in the Red King Crab Savings 
Subarea


AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.


ACTION: Closure.


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SUMMARY: NMFS is closing directed fishing for groundfish with non-
pelagic trawl gear in the red king crab savings subarea (RKCSS) of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the interim 2003 red king crab 
prohibited species catch (PSC) limit that is specified for the RKCSS of 
the BSAI.


DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 14, 
2003, until superseded by the notice of Final 2003 Harvest 
Specifications of Groundfish for the BSAI, which will be published in 
the Federal Register.


FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 CFR part 679.
    The interim 2003 red king crab PSC limit that is specified for the 
RKCSS of the BSAI is 5,231 animals as established by the interim 2003 
harvest specifications for Groundfish of the BSAI (67 FR 78739, 
December 26, 2002).
    In accordance with Sec.  679.21(e)(7)(ii)(B), the Administrator, 
Alaska Region, NMFS, has determined that the amount of the interim 2003 
red


[[Page 8154]]


king crab PSC limit specified for the RKCSS will be caught. 
Consequently, NMFS is closing the RKCSS to directed fishing for 
groundfish with non-pelagic trawl gear.


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 interim 
2003 red king crab PSC limit, 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.  679.21 and is exempt from review 
under Executive Order 12866.


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


    Dated: February 14, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-4103 Filed 2-14-03; 2:17 pm]

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