[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Rules and Regulations]
[Pages 65046-65047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26977]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 101802A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in 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 closing directed fishing for yellowfin sole by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2002 Pacific 
halibut bycatch allowance specified for the yellowfin sole fishery 
category.

[[Page 65047]]


DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 20, 
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 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 halibut bycatch allowance specified for the BSAI trawl yellowfin 
sole fishery category, which is defined at Sec.  
679.21(e)(3)(iv)(B)(1), is 886 metric tons (67 FR 956, January 8, 
2002).
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2002 
halibut bycatch allowance specified for the yellowfin sole fishery in 
the BSAI has been caught. Consequently, the Regional Administrator is 
closing directed fishing for yellowfin sole by vessels using trawl gear 
in the BSAI.
    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 that the need to immediately implement this action to avoid 
exceeding 2002 halibut bycatch allowance specified for the yellowfin 
sole fishery in the BSAI constitutes 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). These 
procedures are unnecessary and contrary to the public interest because 
of the need to implement these measures in a timely fashion to avoid 
exceeding 2002 halibut bycatch allowance specified for the yellowfin 
sole fishery in the BSAI. This constitutes good cause to find that the 
effective date of this action cannot be delayed for 30 days. 
Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is 
hereby waived.
    This action is required by 50 CFR 679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 18, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-26977 Filed 10-18-02; 2:35 pm]
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