[Federal Register Volume 67, Number 44 (Wednesday, March 6, 2002)]
[Rules and Regulations]
[Pages 10113-10114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5301]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 030102A]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock sole/Flathead sole/``Other flatfish'' Fishery Category by 
Vessels Using Trawl Gear in 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 species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the first 
seasonal apportionment of the 2002 Pacific halibut bycatch allowance 
specified for the trawl rock sole/flathead sole/``other flatfish'' 
fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 2002, 
until 1200 hrs, A.l.t., April 1, 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 first seasonal apportionment of the 2002 halibut bycatch 
allowance specified for the BSAI trawl rock sole/flathead sole/``other 
flatfish'' fishery category, which is defined at 
Sec. 679.21(e)(3)(iv)(B)(2), is 448 metric tons (67 FR 956, January 8, 
2002).
    In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska 
Region,

[[Page 10114]]

NMFS (Regional Administrator), has determined that the first seasonal 
apportionment of the 2002 halibut bycatch allowance specified for the 
trawl rock sole/flathead sole/``other flatfish'' fishery in the BSAI 
has been caught. Consequently, the Regional Administrator is closing 
directed fishing for species in the rock sole/flathead sole/``other 
flatfish'' fishery category by vessels using trawl gear in 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 first seasonal apportionment of the halibut bycatch 
allowance for rock sole/flathead sole/``other flatfish'' fishery 
category 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 avoid exceeding the first seasonal apportionment of the 
halibut bycatch allowance for rock sole/flathead sole/``other 
flatfish'' fishery category 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: March 1, 2002.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-5301 Filed 3-1-02; 2:58 pm]
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