[Federal Register: July 10, 2003 (Volume 68, Number 132)]
[Rules and Regulations]
[Page 41086]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy03-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021122286-3036-02; I.D. 070203D]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the West Yakutat District of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), NationalOceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch
in the West Yakutat District of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the 2003 total allowable catch (TAC)
of Pacific ocean perch in this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 8, 2003,
through 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
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 2003 TAC of Pacific ocean perch for the West Yakutat District
was established as 810 metric tons (mt) by the final 2003 harvest
specifications for groundfish in the GOA (68 FR 9924, March 3, 2003).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2003 TAC
for Pacific ocean perch in the West Yakutat District will be reached.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 750 mt, and is setting aside the remaining 60 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 soon be reached.
Consequently, NMFS is prohibiting directed fishing for Pacific ocean
perch in the West Yakutat District of the GOA.
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
TAC for Pacific ocean perch in the Western Yakutat District of the GOA,
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: July 2, 2003.
Bruce M. Morehead
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-17516 Filed 7-7-03; 3:05 pm]
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