[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Rules and Regulations]
[Pages 34624-34625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12142]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 051002A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole 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 yellowfin sole by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the second 
seasonal apportionment of the 2002 Pacific halibut bycatch allowance 
specified for the yellowfin sole fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 11, 2002, 
until 1200 hrs, A.l.t., May 21, 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 second seasonal apportionment of the 2002 halibut bycatch 
allowance specified for the BSAI trawl yellowfin sole fishery category, 
which is defined at Sec. 679.21(e)(3)(iv)(B)(1), is 195 metric tons (67 
FR 956, January 8, 2002).
    In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 2002 halibut bycatch allowance specified 
for the yellowfin sole fishery in the BSAI has been caught. 
Consequently, the Regional Administrator is closing directed fishing 
for yellowfin sole 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 second seasonal apportionment of the halibut bycatch 
allowance for yellowfin sole fishery category 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 
second seasonal apportionment of the halibut bycatch allowance for 
yellowfin sole

[[Page 34625]]

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: May 10, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-12142 Filed 5-10-02; 3:42 pm]
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