[Federal Register: September 17, 2003 (Volume 68, Number 180)]
[Rules and Regulations]
[Page 54395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se03-14]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021122286-3036-02; I.D. 091103A]
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
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 species that comprise
the shallow-water species fishery by vessels using trawl gear in the
Gulf of Alaska (GOA), except for vessels fishing for pollock using
pelagic trawl gear in those portions of the GOA open to directed
fishing for pollock. This action is necessary because the 2003 Pacific
halibut bycatch allowance specified for the shallow-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.),September 12,
2003, through 1200 hrs, A.l.t., October 1, 2003.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586.
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.
The Pacific halibut bycatch allowance for the GOA trawl shallow-
water species fishery, which is defined at Sec. 679.21(d)(3)(iii)(A),
as established by the final 2003 harvest specifications for groundfish
of the GOA (68 FR 9924, March 3, 2003), is 900 metric tons.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2003
Pacific halibut bycatch allowance specified for the trawl shallow-water
species fishery in the GOA has been reached. Consequently, NMFS is
prohibiting directed fishing for species that comprise the shallow-
water species fishery by vessels using trawl gear in the GOA, except
for vessels fishing for pollock using pelagic trawl gear in those
portions of the GOA open to directed fishing for pollock. The species
and species groups that comprise the shallow-water species fishery are:
pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, and ``other species.''
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 2003
Pacific halibut bycatch allowance specified for the trawl shallow-water
species fishery, 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: September 11, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-23758 Filed 9-12-03; 2:39 pm]
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