[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Rules and Regulations]
[Page 47472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18263]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 071502B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Western Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), NationalOceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the 2002 total allowable catch (TAC) 
of Pacific ocean perch in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 16, 2002, 
through 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 
GOA exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery 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 of Pacific ocean perch for the Western Regulatory Area 
was established as 2,610 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, and 67 FR 34860, May 16, 2002).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2002 TAC 
for Pacific ocean perch in the Western Regulatory Area will be reached 
before the end of the fishing season or year. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 2,470 mt, 
and is setting aside the remaining 140 mt as bycatch to support other 
anticipated groundfish fisheries. In accordance with 
Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance will soon be reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific ocean perch in the Western 
Regulatory Area of the GOA.
    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 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) as such requirement is contrary to the public 
interest. This requirement is contrary to the public interest as it 
would delay the closure of the fishery, lead to exceeding the TAC, and 
therefore reduce the public's ability to use and enjoy the fishery 
resource.
    The Assistant Administrator for Fisheries, NOAA, also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons 
provided above for waiver of prior notice and opportunity for public 
comment.
    This action is required by section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 15, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-18263 Filed 7-16-02; 3:37 pm]
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