[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Rules and Regulations]
[Page 46611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17854]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 071102A]


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish by 
Vessels Using Trawl Gear in the Central Regulatory Area of 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 retention of sablefish by vessels using 
trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). 
NMFS is requiring that catch of sablefish by vessels using trawl gear 
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 allocation of the sablefish 2002 total allowable catch 
(TAC) assigned to trawl gear in this area has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 2002, 
until 2400 hrs, A.l.t., December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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 2002 TAC allocation of sablefish assigned to trawl gear for the 
Central Regulatory Area was established as 1,086 metric tons (mt) 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 allocation of the sablefish TAC 
assigned to trawl gear in the Central Regulatory Area of the GOA has 
been reached. Therefore, NMFS is requiring that further catches of 
sablefish by vessels using trawl gear in the Central Regulatory Area of 
the GOA 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 that the need to immediately implement this 
action to prevent overharvesting the allocation of the sablefish TAC 
assigned to trawl gear in the Central Regulatory Area of the GOA 
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 prevent overharvesting the 
allocation of the sablefish TAC assigned to trawl gear for the 
Central Regulatory Area of the GOA 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 Sec.  679.20 and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 11, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-17854 Filed 7-11-02; 3:09 pm]
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