[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Rules and Regulations]
[Pages 8906-8907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4642]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 022102A]


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole/
Flathead Sole/''Other Flatfish'' by Vessels Using Trawl Gear in Bycatch 
Limitation Zone 1 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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SUMMARY: NMFS is closing directed fishing for rock sole/flathead sole/
''other flatfish'' by vessels using trawl gear in Bycatch Limitation 
Zone 1 (Zone 1) of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2002 bycatch 
allowance of red king crab specified for the trawl rock sole/flathead 
sole/''other flatfish'' fishery category in Zone 1.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 22, 
2002, until 2400 hrs, A.l.t., December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

[[Page 8907]]


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 red king crab bycatch allowance specified for Zone 1 of 
the BSAI trawl rock sole/flathead sole/''other flatfish'' fishery 
category, which is defined at Sec. 679.21 (e)(3)(iv)(B)(2), is 59,782 
animals (67 FR 956, January 8, 2002).
    In accordance with Sec. 679.21 (e)(7)(ii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2002 bycatch allowance of red king crab specified for the trawl rock 
sole/flathead sole/''other flatfish'' fishery in Zone 1 of the BSAI has 
been reached. Consequently, the Regional Administrator is closing 
directed fishing for rock sole/flathead sole/''other flatfish'' by 
vessels using trawl gear in Zone 1 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 red king crab bycatch allowance for the trawl rock sole/
flathead sole/''other flatfish'' fishery category in Zone 1 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)(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 red king crab bycatch allowance for the trawl rock 
sole/flathead sole/''other flatfish'' fishery category in Zone 1 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), 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: February 21, 2002.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-4642 Filed 2-22-02; 2:39 pm]
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