[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Page 6662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3521]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 020802A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod 
by Vessels Catching Pacific Cod for Processing by the Offshore 
Component in the Western Regulatory Area of the Gulf of Alaska

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 cod by 
vessels catching Pacific cod for processing by the offshore component 
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the A season amount of the Pacific 
cod total allowable catch (TAC) apportioned to vessels catching Pacific 
cod for processing by the offshore component of the Western Regulatory 
Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 9, 
2002, until 1200 hrs, A.l.t., September 1, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 2002 A season Pacific cod TAC apportioned to vessels catching 
Pacific cod for processing by the offshore component in the Western 
Regulatory Area of the GOA is 1,011 metric tons (mt) as established by 
an emergency interim 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 A season 
amount of the Pacific cod TAC apportioned to vessels catching Pacific 
cod for processing by the offshore component of the Western Regulatory 
Area of the GOA will be reached. In accordance with 
Sec. 679.20(a)(11)(iii), Pacific cod bycatch taken between the closure 
of the A season and opening of the B season shall be deducted from the 
B season TAC apportionment. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 1,011 mt. 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 cod by vessels catching 
Pacific cod for processing by the offshore component in the Western 
Regulatory Area of the GOA.
    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 
prevent exceeding the amount of the 2002 A season Pacific cod TAC 
specified for the offshore component in the Western Regulatory Area of 
the GOA 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 prevent exceeding the 2002 A season Pacific cod TAC 
specified for the offshore component in the Western Regulatory Area of 
the GOA 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 Sec. 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 8, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-3521 Filed 2-8-02; 4:03 pm]
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