[Federal Register Volume 67, Number 173 (Friday, September 6, 2002)]
[Rules and Regulations]
[Pages 56934-56935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 083002A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 610 of the Gulf of Alaska

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

[[Page 56935]]


ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for pollock in 
Statistical Area 610 of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the C season allowance of the pollock 
total allowable catch (TAC) for Statistical Area 610 of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 30, 2002, 
until 1200 hrs, A.l.t., October 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 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.
    Within any fishing year, underage or overage of a seasonal 
allowance may be added to or subtracted from subsequent seasonal 
allowances in a manner to be determined by the Regional Administrator, 
Alaska Region, NMFS, provided that the sum of the revised seasonal 
allowances does not exceed 30 percent of the annual TAC apportionment 
for the Central and Western Regulatory Areas in the GOA (Sec.  
679.20(a)(5)(ii)(C)). For 2002, 30 percent of the annual TAC for the 
Central and Western Regulatory Areas is 15,187 mt. For 2002, the 
Regional Administrator has determined that within each area for which a 
seasonal allowance is established, any overage or underage of harvest 
from the previous season(s) shall be subtracted from or added to the 
seasonal allowance of the following season provided that the resulting 
sum of seasonal allowances in the Central and Western Regulatory Areas 
does not exceed 15,187 mt in any single season. The C season allowance 
of the pollock TAC in Statistical Area 610 of the GOA is 5,949 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). The B season allowance in Statistical Area 610 was exceeded 
by 271 mt, therefore the Regional Administrator, in accordance with 
Sec.  679.20(a)(5)(ii)(C), is reducing the C season pollock TAC in 
Statistical Area 610 by 271 mt to 5,678 mt.
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the C season 
allowance of the pollock TAC in Statistical Area 610 will soon be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 5,628 mt, and is setting aside the 
remaining 50 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 will soon be 
reached. Consequently, NMFS is prohibiting directed fishing for pollock 
in Statistical Area 610 of the GOA.
    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 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 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 30, 2002.
Theophilus R. Brainerd,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-22667 Filed 8-30-02; 4:42 pm]
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