[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Rules and Regulations]
[Page 35448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12572]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 051402B]


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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 species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska (GOA), except for vessels fishing for pollock using 
pelagic trawl gear in those portions of the GOA open to directed 
fishing for pollock. This action is necessary because the second 
seasonal apportionment of the 2002 Pacific halibut bycatch allowance 
specified for the shallow-water species fishery in the GOA has been 
reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 15, 2002, 
until 1200 hrs, A.l.t., June 30, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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 Pacific halibut bycatch allowance for the GOA trawl shallow-
water species fishery, which is defined at Sec.  679.21(d)(3)(iii)(A), 
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) for the second 
season, the period April 1, 2002, through June 30, 2002, as 100 metric 
tons.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 2002 Pacific halibut bycatch allowance 
specified for the trawl shallow-water species fishery in the GOA has 
been reached. Consequently, NMFS is prohibiting directed fishing for 
the shallow-water species fishery by vessels using trawl gear in the 
GOA, except for vessels fishing for pollock using pelagic trawl gear in 
those portions of the GOA open to directed fishing for pollock. The 
species and species groups that comprise the shallow-water species 
fishery are: pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and other species.
    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 because 
the second seasonal apportionment of the 2002 Pacific halibut bycatch 
allowance specified for the shallow-water species fishery in the GOA 
has been reached 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 second seasonal apportionment 
of the 2002 Pacific halibut bycatch allowance specified for the 
shallow-water species fishery in the GOA has been reached 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 14, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-12572 Filed 5-15-02; 4:31 pm]
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