[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Rules and Regulations]
[Page 34624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12143]



[[Page 34624]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 050802A]


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish in the Bering Sea Subarea 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 prohibiting retention of northern rockfish in the 
Bering Sea subarea of the Bering Sea and Aleutian Islands management 
area (BSAI). NMFS is requiring that catch of northern rockfish in this 
area be treated in the same manner as prohibited species and discarded 
at sea with a minimum of injury. This action is necessary because the 
amount of the 2002 total allowable catch (TAC) of northern rockfish in 
this area has been achieved.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 11, 2002, 
until 2400 hrs, A.l.t., December 31, 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 amount of the 2002 TAC of northern rockfish in the Bering Sea 
subarea of the BSAI was established as 16 metric tons by an emergency 
rule implementing 2002 harvest specifications and associated management 
measures for the groundfish fisheries off Alaska (67 FR 956, January 8, 
2002).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the amount of the 2002 TAC for 
northern rockfish in the Bering Sea subarea of the BSAI has been 
achieved. Therefore, NMFS is requiring that further catches of northern 
rockfish in the Bering Sea subarea of the BSAI be treated as prohibited 
species in accordance with Sec.  679.21(b).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds the need to immediately implement this action because the 
amount of the 2002 TAC for northern rockfish in the Bering Sea subarea 
of the BSAI has been achieved 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 because the amount of the 2002 TAC for 
northern rockfish in the Bering Sea subarea of the BSAI has been 
achieved 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: May 8, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-12143 Filed 5-10-02; 3:10 pm]
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