[Federal Register Volume 67, Number 148 (Thursday, August 1, 2002)]
[Rules and Regulations]
[Page 49877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19447]



[[Page 49877]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 072902C]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by 
Vessels Using Trawl Gear in 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 species in the rock 
sole/flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2002 Pacific 
halibut bycatch allowance specified for the trawl rock sole/flathead 
sole/``other flatfish'' fishery category.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), July 29, 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 halibut bycatch allowance specified for the BSAI trawl 
rock sole/flathead sole/``other flatfish'' fishery category, which is 
defined at Sec. 679.21(e)(3)(iv)(B)(2), is 779 metric tons (67 FR 956, 
January 8, 2002).
    In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2002 
halibut bycatch allowance specified for the trawl rock sole/flathead 
sole/``other flatfish'' fishery in the BSAI has been caught. 
Consequently, the Regional Administrator is closing directed fishing 
for species in the rock sole/flathead sole/``other flatfish'' fishery 
category by vessels using trawl gear in 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 halibut bycatch allowance for rock sole/flathead sole/
''other flatfish'' fishery category 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 halibut bycatch allowance for rock sole/flathead sole/
``other flatfish'' fishery category 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: Authority: 16 U.S.C. 1801 et seq.

    Dated: July 29, 2002.
Valerie Chambers,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-19447 Filed 7-29-02; 3:34 pm]
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