[Federal Register Volume 67, Number 153 (Thursday, August 8, 2002)]
[Rules and Regulations]
[Page 51499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20081]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 080502A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch 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 Pacific ocean perch in the 
Central Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring 
that catch of Pacific ocean perch 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 Pacific 
ocean perch 2002 total allowable catch (TAC) in this area has been 
achieved.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 5, 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 
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 allocation of Pacific ocean perch for the Central 
Regulatory Area was established as 8,220 metric tons 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 6, 2002).
    In accordance with Sec. 679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the allocation of the Pacific ocean 
perch TAC in the Central Regulatory Area of the GOA has been achieved. 
Therefore, NMFS is requiring that further catches of Pacific ocean 
perch 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 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 overharvesting the 
allocation of 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 Sec. 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 5, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-20081 Filed 8-5-02; 3:37 pm]
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