[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Rules and Regulations]
[Page 60602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24369]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 091902D]


Fisheries of the Exclusive Economic Zone Off Alaska; Trawl Gear 
in the Chum Salmon Savings Area 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 fishing with trawl gear in the Chum Salmon 
Savings Area of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2002 limit of 
non-chinook salmon caught by vessels using trawl gear in the Catcher 
Vessel Operation Area (CVOA).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 21, 
2002, until 1200 hrs, A.l.t., October 14, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

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 limit of non-chinook salmon caught by vessels using trawl 
gear for the CVOA, is 42,000 animals, Sec.  679.21(e)(7)(vii). The CVOA 
is defined as that part of the BSAI that is south of 56[deg]00' N. lat. 
and between 163[deg]30' W. long. and 167[deg]30' W. long. (Figure 2 to 
50 CFR part 679).
    In accordance with Sec.  679.21(e)(7)(vii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2002 limit of non-chinook salmon caught by vessels using trawl gear in 
the CVOA has been reached. Consequently, the Regional Administrator is 
prohibiting fishing with trawl gear in the Chum Salmon Savings Area 
defined at Figure 9 to 50 CFR part 679.
    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 2002 
limit of non-chinook salmon caught by vessels using trawl gear in the 
CVOA, 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 section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 20, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-24369 Filed 9-20-02; 4:24 pm]
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