[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Rules and Regulations]
[Pages 3823-3824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1780]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-2307-01; I.D. 012103F]


Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker/
Rougheye and Northern Rockfish in the Bering Sea Subarea 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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[[Page 3824]]

SUMMARY: NMFS is prohibiting directed fishing for Community Development 
Quota (CDQ) reserve amounts of shortraker/rougheye rockfish and 
northern rockfish in the Bering Sea subarea of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the 2003 interim CDQ reserve amounts of shortraker/
rougheye rockfish and northern rockfish in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 22, 
2003, until superseded by the notice of Final 2003 Harvest 
Specifications of Groundfish for the BSAI, which will be published in 
the Federal Register.

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 
2003 interim CDQ reserve amounts of shortraker/rougheye rockfish and 
northern rockfish in the Bering Sea subarea of the BSAI are 2 metric 
tons (mt) and .25 mt, respectively, as established by the Interim 2003 
Harvest Specifications of Groundfish in the BSAI (67 FR 78739, December 
26, 2002).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2003 
interim CDQ reserve amounts of shortraker/rougheye rockfish and 
northern rockfish in the Bering Sea subarea of the BSAI will be 
necessary as incidental catch to support other anticipated groundfish 
fisheries for the 2003 fishing year. Consequently, the Regional 
Administrator is establishing directed fishing allowances of zero mt. 
Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing for CDQ reserve amounts of shortraker/
rougheye rockfish and northern rockfish in the Bering Sea subarea of 
the BSAI.
    Maximum retainable 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 interim 
CDQ reserve amounts, 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: January 21, 2003.
Richard W. Surdi
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-1780 Filed 1-22-03; 4:29 pm]
BILLING CODE 3510-22-S