[Federal Register Volume 67, Number 196 (Wednesday, October 9, 2002)]
[Rules and Regulations]
[Page 62910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25709]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 092602F]


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.

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 D 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.), October 5, 2002, 
until 2400 hrs, A.l.t., December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or 
[email protected].

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 metric tons 
(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 
610 of the GOA is 5,949 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 610 was under harvested by 110 mt, therefore the 
Regional Administrator, in accordance with Sec.  679.20(a)(5)(ii)(C), 
is increasing the D season pollock TAC in Statistical Area 610 by 110 
mt to 6,059 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 610 will soon be reached. Therefore, 
the Regional Administrator is establishing a directed fishing allowance 
of 6,009 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 section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 4, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-25709 Filed 10-4-02; 3:21 pm]
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