[Federal Register Volume 67, Number 101 (Friday, May 24, 2002)]
[Rules and Regulations]
[Page 36541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13118]



[[Page 36541]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 051702C]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin by 
Vessels Using Trawl Gear in Bycatch Limitation Zone 1 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 closing directed fishing for yellowfin sole by vessels 
using trawl gear in Bycatch Limitation Zone 1 (Zone 1) of the Bering 
Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2002 bycatch allowance of red king 
crab specified for the trawl yellowfin sole fishery category in Zone 1.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 21, 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 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 2002 red king crab bycatch allowance specified for Zone 1 of 
the BSAI trawl yellowfin sole fishery category, which is defined at 
[sect] 679.21(e)(3)(iv)(B)(1), is 16,664 animals (67 FR 956, January 8, 
2002).
    In accordance with [sect] 679.21(e)(7)(ii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2002 bycatch allowance of red king crab specified for the trawl 
yellowfin sole fishery in Zone 1 of the BSAI has been reached. 
Consequently, the Regional Administrator is closing directed fishing 
for yellowfin sole by vessels using trawl gear in Zone 1 of the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at [sect] 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 red king crab bycatch allowance for the trawl yellowfin 
sole fishery category in Zone 1 of the BSAI 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 
red king crab bycatch allowance for the trawl yellowfin sole fishery 
category in Zone 1 of the BSAI 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 21, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-13118 Filed 5-21-02; 3:41 pm]
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