[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Rules and Regulations]
[Pages 45069-45070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16898]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 070102A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod 
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 Pacific cod 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 Pacific cod fishery category in Zone 1.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 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 Pacific cod fishery category, which is defined at 
Sec. 679.21(e)(3)(iv)(E), is 11,664 animals (67 FR 956, January 8, 2002 
and 67 FR 34860, May 16, 2002).
    In accordance with Sec. 679.21(e)(7)(ii), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has

[[Page 45070]]

determined that the 2002 bycatch allowance of red king crab specified 
for the trawl Pacific cod fishery in Zone 1 of the BSAI has been 
reached. Consequently, the Regional Administrator is closing directed 
fishing for Pacific cod by vessels using trawl gear in Zone 1 of 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 2002 bycatch allowance of red king crab specified for the 
trawl Pacific cod fishery in Zone 1 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)(B). These 
procedures are unnecessary and contrary to the public interest because 
the need to implement these measures in a timely fashion to avoid 
exceeding the 2002 bycatch allowance of red king crab specified for the 
trawl Pacific cod fishery in Zone 1 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)(3), 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: July 1, 2002.
Virginia M. Fay
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-16898 Filed 7-1-02; 4:46 pm]
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