[Federal Register Volume 67, Number 16 (Thursday, January 24, 2002)]
[Rules and Regulations]
[Pages 3446-3447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1759]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 011702A ]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig in the Eastern Aleutian District (Statistical Area 
(area) 541) and the Bering Sea subarea of the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding the A season allowance of the 2002 total allowable catch 
(TAC) of Atka mackerel in these areas. NMFS is also announcing the 
opening and closure dates of the first and second directed fisheries 
within the harvest limit area (HLA) in areas 542 and 543. These actions 
are necessary to prevent exceeding the A season HLA limits established 
for the Central (area 542) and Western (area 543) Aleutian Districts 
pursuant to the 2002 Atka mackerel TAC.

DATES: Prohibition of directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea: Effective 1200 hrs, Alaska local time (A.l.t.), January 21, 
2002, until 1200 hrs, A.l.t., September 1, 2002. The first directed 
fisheries in the HLA in area 542 and area 543 are open as follows: 
Effective 1200 hrs, A.l.t., January 23, 2002, until 1200 hrs, A.l.t., 
January 28, 2002. The second directed fisheries in the HLA in area 542 
and area 543 are open as follows: Effective 1200 hrs, A.l.t.,

[[Page 3447]]

January 30, 2002, until 1200 hrs, A.l.t., February 4, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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 A season allowance of Atka mackerel TAC for non-jig gear in the 
Eastern Aleutian District and the Bering Sea subarea is 2,518 metric 
tons (mt) as established by an emergency rule implementing 2002 harvest 
specifications and associated management measures for the groundfish 
fisheries off Alaska (67 FR 956, January 8, 2002). See Sec. 679.20 
(a)(8)(ii).
    In accordance with Sec. 679.20 (d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allowance of TAC for non-jig gear Atka mackerel in the Eastern Aleutian 
District (Area 541) and the Bering Sea subarea will be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 1,918 mt, and is setting aside the remaining 600 
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 soon will be reached. 
Consequently, NMFS is prohibiting directed fishing for Atka mackerel in 
the Eastern Aleutian District and the Bering Sea subarea of the BSAI.
    In accordance with Sec. 679.20 (a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543. The opening is to occur 48 hours 
after the closure of the area 541 Atka mackerel directed fishery. The 
Regional Administrator has establish the opening date for the second 
HLA directed fisheries as 48 hours after the closure of the first HLA 
fisheries in both 542 and 543. Consequently, NMFS is opening directed 
fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance 
with the periods listed under the DATES section of this publication.
    In accordance with Sec. 679.20 (a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the platoon or platoons associated 
with the directed fishery or fisheries for which they have been 
registered. NMFS has notified the operator of each vessel as to which 
platoon each vessel has been assigned by NMFS. (See the notification 
appearing in this publication of the Federal Register.)
    In accordance with Sec. 679.20 (a)(8)(ii)(C)(1), the A season 
harvest limit of the seasonal TAC in areas 542 and 543 are 6,605 mt and 
5,467 mt respectively. Based on those seasonal apportionments and the 
proportion of the number of vessels in each platoon compared to the 
total number of vessels participating in the HLA directed fishery for 
area 542 or 543 during the A season, the harvest limit for each HLA 
directed fisheries for areas 542 and 543 are as follows: For the first 
directed fishery in area 542: 3,302 mt; for the first directed fishery 
in area 543: 2,733 mt; for the second directed fishery in area 542: 
3,302 mt; for the second directed fishery in area 543: 2,733 mt. In 
accordance with Sec. 679.20 (a)(8)(iii)(E), the Regional Administrator 
has established the closure dates of the Atka mackerel directed 
fisheries in the HLA for areas 542 and 543 based on the amount of the 
harvest limit and the estimated fishing capacity of the vessels 
assigned to the platoons participating in the respective fisheries. 
Consequently, NMFS is prohibiting directed fishing for Atka mackerel in 
the HLA of areas 542 and 543 in accordance with the periods listed 
under the DATES section of this action.

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 
prevent exceeding the A season allowance of the 2002 TAC of Atka 
mackerel in the Eastern Aleutian District and the Bering Sea subarea 
and to prevent exceeding the A season HLA limit of the 2002 TAC of Atka 
mackerel allocated to the Central and Western Aleutian Districts 
constitutes good cause to waive the requirement to provide prior notice 
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 
prevent exceeding the A season allowance of the 2002 TAC of Atka 
mackerel in the Eastern Aleutian District and the Bering Sea subarea 
and to prevent exceeding the A season Atka mackerel HLA harvest limits 
established for the Central (area 542) and Western (area 543) Aleutian 
Districts 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 Secs. 679.20 and 679.22 and is exempt 
from review under Executive Order 12866.

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

    Dated: January 17, 2002.
Jonathan M. Kurland,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-1759 Filed 1-18-02; 3:05 pm]
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