[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Rules and Regulations]
[Pages 57184-57185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22806]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 090302A]


Fisheries of the Exclusive Economic Zone off Alaska; ``Other 
Rockfish'' in the Bering Sea Subarea of the 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 prohibiting retention of all rockfish defined in the 
category ``other rockfish'' in Table 3 of 2002 harvest specifications 
and associated management measures for the groundfish fisheries off 
Alaska (January 8, 2002) in the Bering Sea subarea of the

[[Page 57185]]

Bering Sea and Aleutian Islands management area (BSAI). NMFS is 
requiring that catch of ``other rockfish'' 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 amount of the 
2002 total allowable catch (TAC) of ``other rockfish'' in this area has 
been achieved.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 4, 
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 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 amount of the 2002 
TAC of ``other rockfish'' in the Bering Sea subarea of the BSAI was 
established as 307 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).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the amount of the 2002 TAC for 
``other rockfish'' in the Bering Sea subarea of the BSAI has been 
achieved. Therefore, NMFS is requiring that further catches of ``other 
rockfish'' in the Bering Sea subarea of the BSAI 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 
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:September 4, 2002
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service
[FR Doc. 02-22806 Filed 9-4-02; 1:52 pm]
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