[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Rules and Regulations]
[Page 10635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5739]



[[Page 10635]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

Docket No. 011218304-1304-01; I.D. 030502C]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Processor Vessels Using Hook-and-line Gear in 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 cod by 
catcher processor vessels using hook-and-line gear in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to prevent exceeding the A season apportionment of the 2002 total 
allowable catch (TAC) of Pacific cod allocated for catcher processor 
vessels using hook-and-line gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 8, 2002, 
until 2400 hrs, A.l.t., August 15, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 apportionment of the 2002 Pacific cod TAC allocated to 
catcher processor vessels using hook-and-line gear in the BSAI was 
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) as a directed fishing 
allowance of 45,048 metric tons. See Sec. 679.20 (c)(3)(iii), 
Sec. 679.20 (c)(5), and Sec. 679.20 (a)(7)(i)(A)&(C).
    In accordance with Sec. 679.20 (d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the A 
season apportionment of the 2002 Pacific cod TAC allocated to catcher 
processor vessels using hook-and-line gear as a directed fishing 
allowance in the BSAI will soon be reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher processor 
vessels using hook-and-line 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 
prevent exceeding the A season apportionment of the 2002 Pacific cod 
TAC allocated to catcher processor vessels using hook-and-line gear 
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 Sec. 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 apportionment of the 2002 Pacific cod 
TAC allocated to catcher processor vessels using hook-and-line gear 
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: March 5, 2002.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-5739 Filed 3-6-02; 2:52 pm]
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