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[Federal Register: April 24, 2002 (Volume 67, Number 79)]
[Rules and Regulations]               
[Page 20057-20058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap02-16]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 041902A]

 
Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by 
Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management 
Area

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 species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the second 
seasonal apportionment of the 2002 Pacific halibut bycatch allowance 
specified for the trawl rock sole/flathead sole ``other flatfish'' 
fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 20, 2002, 
until 1200 hrs, A.l.t., June 30, 2002.

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

[[Page 20058]]

appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The second seasonal apportionment of the 2002 halibut bycatch 
allowance specified for the BSAI trawl rock sole/flathead sole/``other 
flatfish'' fishery category, which is defined at 
Sec. 679.21(e)(3)(iv)(B)(2), is 164 metric tons (67 FR 956, January 8, 
2002).
    In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 2002 halibut bycatch allowance specified 
for the trawl rock sole/flathead sole/<gr-thn-eq>other 
flatfish<gr-thn-eq> fishery in the BSAI has been caught. Consequently, 
the Regional Administrator is closing directed fishing for species in 
the rock sole/flathead sole/<gr-thn-eq>other flatfish<gr-thn-eq> 
fishery category by vessels using trawl gear in the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to avoid 
exceeding the second seasonal apportionment of the halibut bycatch 
allowance for rock sole/flathead sole/``other flatfish'' fishery 
category constitutes 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)(3)(B) and 50 CFR 
679.20(b)(3)(iii)(A), as such procedures would be unnecessary and 
contrary to the public interest. Similarly, the need to implement these 
measures in a timely fashion to avoid exceeding the second seasonal 
apportionment of the halibut bycatch allowance for rock sole/flathead 
sole/``other flatfish'' fishery category constitutes good cause to find 
that the effective date of this action cannot be delayed for 30 days. 
Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is 
hereby waived.
    This action is required by 50 CFR 679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 19, 2002.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-10061 Filed 4-19-02; 3:30 pm]
BILLING CODE 3510-22-S

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