[Federal Register Volume 67, Number 142 (Wednesday, July 24, 2002)]
[Rules and Regulations]
[Page 48417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18735]



[[Page 48417]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 071902A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Western Aleutian District of the Bering Sea and 
Aleutian Islands

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 Pacific ocean perch 
in the Western Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). 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 20, 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 Aleutian 
District was established as 5,236 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)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2002 TAC 
for Pacific ocean perch in the Western Aleutian District will be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 4,436 mt, and is setting aside the 
remaining 800 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 has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
ocean perch in the Western Aleutian District 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 TAC of Pacific ocean perch for the Western Aleutian 
District 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)(B) and 50 CFR 
679.20(b)(3)(iii)(A). 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 TAC of Pacific ocean perch 
for the Western Aleutian District 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)(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 19, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-18735 Filed 7-19-02; 3:35 pm]
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