[Federal Register Volume 67, Number 172 (Thursday, September 5, 2002)]
[Rules and Regulations]
[Pages 56766-56767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22618]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 082602A]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands

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

ACTION: Inseason adjustment; request for comments; closures and 
openings.

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SUMMARY: NMFS is opening the B season for Atka mackerel with gears 
other than jig in the Eastern Aleutian District (area 541) and the 
Bering Sea subarea of the Bering Sea and Aleutian Islands management 
area (BSAI) for 12 hours only. This action is necessary to prevent 
exceeding the 2002 total allowable catch (TAC) of Atka mackerel in 
these areas and to allow the harvest limitation area (HLA) fisheries in 
the Central (area 542) and Western (area 543) Aleutian Districts to 
begin after the closure of the Eastern Aleutian District and Bering Sea 
subarea fishery. NMFS is also announcing the opening and closure dates 
of the first and second directed fisheries within the HLA in areas 542 
and 543. These actions are necessary to prevent exceeding the B season 
HLA limits established for area 542 and area 543.

DATES: The opening of directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea is effective 2400 hrs, A.l.t., September 1, 2002, until 1200 
hrs, A.l.t., September 2, 2002.
    The first directed fishery in the HLA in area 542 opens effective 
1200 hrs, A.l.t., September 4, 2002, and closes 1200 hrs, A.l.t., 
September 8, 2002. The first directed HLA fishery in area 543 opens 
effective 1200 hrs, A.l.t., September 4, 2002, and closes 1200 hrs, 
A.l.t., September 9, 2002.
    The second directed fishery in the HLA in area 542 opens effective 
1200 hrs, A.l.t., September 11, 2002, and closes 1200 hrs, A.l.t., 
September 15, 2002. The second directed fishery in the HLA in area 543 
opens effective 1200 hrs, A.l.t., September 11, 2002, and closes 1200 
hrs, A.l.t., September 16, 2002.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., September 20, 2002.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery 
or courier delivery of comments may be sent to the Federal Building, 
709 West 9th Street, Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228; 
[email protected].

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 TAC of Atka mackerel for gears other than jig in the 
Eastern Aleutian District and the Bering Sea subarea is 5,037 metric 
tons (mt) as 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, and 67 FR 34860, May 
16, 2002). See Sec.  679.20(a)(8)(ii).
    As of August 10, 2002, 2,000 mt remain in the 2002 Eastern Aleutian 
District and Bering Sea subarea TAC of Atka mackerel for gears other 
than jig. Current information shows that the catching capacity of 
vessels expected to be catching Atka mackerel in area 541 of the BSAI 
is about 2,500 mt per day. Section 679.23 paragraph (b) specifies that 
the time of all openings and closures of fishing seasons other than the 
beginning and end of the calendar fishing year is 1200 hrs, A.l.t. The 
Administrator, Alaska Region, NMFS, has determined that the B season 
allowance of the Atka mackerel TAC could be exceeded if a 24-hour 
fishery were allowed to occur. NMFS intends that the seasonal allowance 
not be exceeded and, therefore, will not allow a 24-hour directed 
fishery.
    NMFS, in accordance with Sec. Sec.  679.25(a)(1)(i) and 
679.25(2)(i), is adjusting the B season for Atka mackerel in the 
Eastern Aleutian District and Bering Sea subarea by opening the fishery 
for 12 hours. Regulations at Sec.  679.20(a)(8)(iii)(C) require the HLA 
fisheries in areas 542 and 543 open 48 hours after the seasonal closure 
of area 541. To provide for a 12 hour opening and for openings in the 
subsequent HLA fisheries at 1200 hrs, A.l.t., the fishery in the 
Eastern Aleutian District (area 541) and Bering Sea subarea is being 
opened at 2400 hrs, A.l.t., September 1, 2002, and closed at 1200 hrs, 
A.l.t., September 2, 2002.
    In accordance with Sec.  679.25(a)(2)(iii), NMFS has determined 
that prohibiting directed fishing at 1200 hrs, A.l.t., September 2, 
2002, after a 12 hour opening is the least restrictive management 
adjustment to achieve the 2002 Atka mackerel TAC in Eastern Aleutian 
District and Bering Sea subarea and will allow other fisheries to 
continue in noncritical areas and time periods. Pursuant to Sec.  
679.25(b)(2), NMFS has considered data regarding catch per unit of 
effort and rate of harvest in making this adjustment.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543. The opening is to occur 48 hours 
after

[[Page 56767]]

the closure of the area 541 Atka mackerel directed fishery. The 
Regional Administrator has established the opening date for the second 
HLA directed fisheries as 48 hours after the closure of the first HLA 
fishery in 543. NMFS is opening directed fishing for Atka mackerel in 
the HLA of areas 542 and 543 in accordance with the periods listed 
under the DATES section of this notice.
    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the platoon or platoons associated 
with the directed fishery or fisheries for which they have registered. 
NMFS has notified each vessel as to which platoon each vessel has been 
assigned by NMFS. The notification was filed with the Office of the 
Federal Register on August 28, 2002, with a publication date of 
September 3, 2002.
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the B season 
harvest limit of the seasonal TAC in areas 542 and 543 are 6,605 mt and 
5,467 mt, respectively. Based on those seasonal apportionments and the 
proportion of the number of vessels in each platoon compared to the 
total number of vessels participating in the HLA directed fishery for 
area 542 or 543 during the B season, the harvest limit for each HLA 
directed fishery for areas 542 and 543 are as follows: For the first 
directed fishery in area 542, 3,302 mt; for the first directed fishery 
in area 543, 2,733 mt; for the second directed fishery in area 542, 
3,302 mt; for the second directed fishery in area 543, 2,733 mt. In 
accordance with Sec.  679.20(a)(8)(iii)(E), the Regional Administrator 
has established the closure dates of the Atka mackerel directed 
fisheries in the HLA for areas 542 and 543 based on the amount of the 
harvest limit and on the estimated fishing capacity of the vessels 
assigned to the platoons participating in the respective fisheries. 
Consequently, NMFS is prohibiting directed fishing for Atka mackerel in 
the HLA of areas 542 and 543 in accordance with the periods listed 
under the DATES section of this notice.

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 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.
    Without this inseason adjustment, NMFS could not allow the Atka 
mackerel TAC in the Eastern Aleutian District and Bering Sea subarea of 
the BSAI to be harvested in an expedient manner and in accordance with 
the regulatory schedule. Under Sec.  679.25(c)(2), interested persons 
are invited to submit written comments on this action to the above 
address until September 20, 2002.
    This action is required by Sec. Sec.  679.20, 679.22 and 679.25 and 
is exempt from review under Executive Order 12866.

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

    Dated: August 29, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-22618 Filed 8-30-02; 4:26 pm]
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