[Federal Register Volume 67, Number 132 (Wednesday, July 10, 2002)]
[Rules and Regulations]
[Pages 45673-45674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17329]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 011218304-1304-01; I.D. 070502A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Eastern Aleutian District of the Bering Sea and
Aleutian Islands
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 Pacific ocean perch
in the Eastern Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the 2002 total allowable catch (TAC) of Pacific ocean perch in this
area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 7, 2002,
through 2400 hrs, A.l.t., December 31, 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 appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2002 TAC of Pacific ocean perch for the Eastern Aleutian
District was established as 3,201 metric tons (mt) by an emergency rule
implementing 2002 harvest specifications and associated management
measures for the groundfish fisheries off Alaska (67 FR 956, January 8,
2002).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2002 TAC
for Pacific ocean perch in the Eastern Aleutian District will be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 2,951 mt, and is setting aside the
remaining 250 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 Eastern Aleutian District of 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 2002 TAC of Pacific ocean perch for the Eastern Aleutian
District of the BSAI 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)(B) and 50 CFR
679.20(b)(3)(iii)(A). These procedures are unnecessary and contrary to
the public interest because the need to implement these measures in a
timely fashion to avoid exceeding the 2002 TAC of Pacific ocean perch
for the Eastern Aleutian District of the BSAI 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)(3), a delay in the effective
date is hereby waived.
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.
[[Page 45674]]
Dated: July 5, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 02-17329 Filed 7-5-02; 2:21 pm]
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