[Federal Register: January 27, 2003 (Volume 68, Number 17)]
[Rules and Regulations]
[Page 3823-3824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja03-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021212307-2307-01; I.D. 012103F]
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker/
Rougheye and Northern Rockfish in the Bering Sea Subarea of the 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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[[Page 3824]]
SUMMARY: NMFS is prohibiting directed fishing for Community Development
Quota (CDQ) reserve amounts of shortraker/rougheye rockfish and
northern rockfish in the Bering Sea subarea of the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
prevent exceeding the 2003 interim CDQ reserve amounts of shortraker/
rougheye rockfish and northern rockfish in this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 22,
2003, until superseded by the notice of Final 2003 Harvest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 50 CFR part 679.The
2003 interim CDQ reserve amounts of shortraker/rougheye rockfish and
northern rockfish in the Bering Sea subarea of the BSAI are 2 metric
tons (mt) and .25 mt, respectively, as established by the Interim 2003
Harvest Specifications of Groundfish in the BSAI (67 FR 78739, December
26, 2002).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2003
interim CDQ reserve amounts of shortraker/rougheye rockfish and
northern rockfish in the Bering Sea subarea of the BSAI will be
necessary as incidental catch to support other anticipated groundfish
fisheries for the 2003 fishing year. Consequently, the Regional
Administrator is establishing directed fishing allowances of zero mt.
Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for CDQ reserve amounts of shortraker/
rougheye rockfish and northern rockfish in the Bering Sea subarea of
the BSAI.
Maximum retainable 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 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
CDQ reserve amounts, 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 section 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 21, 2003.
Richard W. Surdi
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-1780 Filed 1-22-03; 4:29 pm]
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