[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Rules and Regulations]
[Page 61826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 092402C]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 630 of the Gulf of Alaska

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for pollock in 
Statistical Area 630 in the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the D season allowance of the pollock 
total allowable catch (TAC) for Statistical Area 630.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 2, 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 
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.
    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 Administrator, Alaska 
Region, NMFS (Regional Administrator), 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 D 
season allowance of the pollock TAC in Statistical Area 630 is 3,803 
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 C season allowance in Statistical Area 630 
was exceeded by 2,855 mt, therefore the Regional Administrator, in 
accordance with Sec.  679.20(a)(5)(ii)(C), is reducing the D season 
pollock TAC in Statistical Area 630 by 2,855 mt to 948 mt.
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator has determined that the D season allowance of the pollock 
TAC in Statistical Area 630 will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
908 mt, and is setting aside the remaining 40 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 630.
    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: September 26, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-25065 Filed 9-27-02; 4:12 pm]
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