[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Rules and Regulations]
[Pages 2920-2921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1376]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-2307-01; I.D. 011303D]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands

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

ACTION: Closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig in the Eastern Aleutian District and the Bering 
Sea subarea of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the interim 2003 
total allowable catch (TAC) of Atka mackerel in these areas. NMFS is 
also announcing the opening and closing dates of the first and second 
directed fisheries within the harvest limit area (HLA) in Statistical 
Areas (areas) 542 and 543. These actions are necessary to prevent 
exceeding the HLA limits established for the Central (area 542) and 
Western (area 543) Aleutian Districts pursuant to the interim 2003 Atka 
mackerel TAC.

DATES: Prohibition of directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea: Effective 1200 hrs, Alaska local time (A.l.t.), January 22, 
2003, until superseded by the notice of Final 2003 Harvest 
Specifications for Groundfish, which will be published in the Federal 
Register. The first directed fisheries in the HLA in area 542 and area 
543 are open effective 1200 hrs, A.l.t., January 24, 2003. The first 
HLA

[[Page 2921]]

fishery in area 542 will remain open until 1200 hrs, A.l.t., January 
29, 2003. The first HLA fishery in area 543 will remain open until 1200 
hrs, A.l.t., January 28, 2003. The second directed fisheries in the HLA 
in area 542 and area 543 open effective 1200 hrs, A.l.t., January 31, 
2003. The second HLA fishery in area 542 will remain open until 1200 
hrs, A.l.t., February 5, 2003. The second HLA fishery in area 543 will 
remain open until 1200 hrs, A.l.t., February 4, 2003.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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 interim TAC for other gear in the Eastern Aleutian District and 
the Bering Sea subarea is 2,815 metric tons (mt) as established by the 
Interim 2003 Harvest Specifications for Groundfish (67 FR 78739, 
December 26, 2002). See Sec.  Sec.  679.20(c)(2)(ii) and 
679.20(a)(8)(ii).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the interim 
other gear TAC for Atka mackerel in the Eastern Aleutian District and 
the Bering Sea subarea will be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 2,215 mt, 
and is setting aside the remaining 600 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 soon will be reached. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel in the Eastern Aleutian 
District and the Bering Sea subarea of the BSAI.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543 at 48 hours after the closure of 
the area 541 Atka mackerel directed fishery. The Regional Administrator 
has established the opening date for the second HLA directed fisheries 
as 48 hours after the last closure of the first HLA fisheries in either 
542 or 543. Consequently, NMFS is opening and closing directed fishing 
for Atka mackerel in the HLA of areas 542 and 543 in accordance with 
the periods listed under the DATES section of this notice.
    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the directed fishery or fisheries 
for which they have registered. NMFS has notified each vessel owner as 
to which fishery each vessel has been assigned by NMFS.
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the HLA portion of 
the interim TAC in areas 542 and 543 are 7,382 mt and 6,110 mt 
respectively. Based on those apportionments and the proportion of the 
number of vessels in each fishery compared to the total number of 
vessels participating in the HLA directed fishery for area 542 or 543, 
the harvest limit for each HLA directed fishery in areas 542 and 543 
are as follows: For the first directed fishery in area 542, 3,691 mt, 
for the first directed fishery in area 543, 3,055 mt, for the second 
directed fishery in area 542, 3,691 mt, for the second directed fishery 
in area 543, 3,055 mt. In accordance with Sec.  679.20(a)(8)(iii)(E), 
the Regional Administrator has established the closure dates of the 
Atka mackerel directed fisheries in the HLA for areas 542 and 543 based 
on the amount of the harvest limit and the estimated fishing capacity 
of the vessels assigned to the respective fisheries. Consequently, NMFS 
is prohibiting directed fishing for Atka mackerel in the HLA of areas 
542 and 543 in accordance with the dates and times listed under the 
DATES section of this notice.

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 fisheries, lead to exceeding the interim 
TACs, and therefore reduce the public's ability to use and enjoy the 
fishery resource.
    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: January 15, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-1376 Filed 1-16-03; 3:13 pm]
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