[Federal Register Volume 67, Number 153 (Thursday, August 8, 2002)]
[Rules and Regulations]
[Pages 51499-51500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20082]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D.080202F]


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in 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 species that 
comprise the shallow-water species fishery by vessels using trawl gear 
in the Gulf of Alaska (GOA), except for vessels fishing for pollock 
using pelagic trawl gear in those portions of the GOA open to directed 
fishing for pollock. This action is necessary because the third 
seasonal apportionment of the 2002 Pacific halibut bycatch allowance 
specified for the shallow-water species fishery in the GOA has been 
reached.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), August 5, 2002, 
until 1200 hrs, A.l.t., September 1, 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 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 Pacific halibut bycatch allowance for the GOA trawl shallow-
water species fishery, which is defined at Sec. 679.21(d)(3)(iii)(A), 
was established by an emergency rule implementing 2002 harvest 
specifications and associated management measures for the groundfish 
fisheries off Alaska (67 FR 956, January 8, 2002) for the third season, 
the period June 30, 2002, through September 1, 2002, as 200 metric 
tons.
    In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS, has determined that the third seasonal apportionment of 
the 2002 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA has been reached. 
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear in the GOA, except 
for vessels fishing for pollock using pelagic trawl gear in those 
portions of the GOA open to directed fishing for pollock. The species 
and species groups that comprise the shallow-water species fishery are: 
pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel, and ``other species.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).

[[Page 51500]]

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that, because the third seasonal apportionment of the 2002 
Pacific halibut bycatch allowance specified for the shallow-water 
species fishery in the GOA has been reached, the need to immediately 
implement this action 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 of the need to 
implement these measures in a timely fashion. The third seasonal 
apportionment of the 2002 Pacific halibut bycatch allowance specified 
for the shallow-water species fishery in the GOA has been reached. This 
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: August 5, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-20082 Filed 8-5-02; 3:37 pm]
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