[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Rules and Regulations]
[Pages 12486-12487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6566]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 031402A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod 
by Vessels 60 Ft (18.3 m) Length Overall and Using Pot Gear in 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 prohibiting directed fishing for Pacific cod by 
catcher processor vessels using pot gear and catcher vessels 60 ft 
(18.3 m) length overall (LOA) and longer using pot 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 to vessels using 
pot gear in this area.

DATES: Dates: Effective 1200 hrs, Alaska local time (A.l.t.), March 16, 
2002, until 1200 hrs, A.l.t., June 10, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 
vessels using pot gear in the BSAI was established in 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 10,305 metric tons. See 
Sec. 679.20 (c)(3)(iii), Sec. 679.20 (c)(7), and Sec. 679.20 
(a)(7)(i)(A)&(C).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the A season apportionment of 
the 2002 Pacific cod TAC allocated to vessels using pot 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 pot gear and catcher vessels 60 ft 
(18.3 m) LOA and longer using pot 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 vessels using pot gear constitutes good cause to waive 
the requirement to provide prior notice and opportunity for public 
comment pursuant to the

[[Page 12487]]

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 apportionment of the 
2002 Pacific cod TAC allocated to vessels using pot 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 14, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-6566 Filed 3-14-02; 4:33 pm]
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