[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Rules and Regulations]
[Pages 3824-3825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1785]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-2307-01; I.D. 011503C]


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole 
Sideboard Limit in 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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SUMMARY: NMFS is prohibiting directed fishing for rock sole by catcher 
processors that are listed under the American Fisheries Act (AFA) in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the interim 2003 sideboard limit of 
rock sole specified for listed AFA catcher processors in the BSAI.

DATES: Effective 1200 hrs, Alaska local time, January 29, 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superseded by the notice of Final 2003 Harvest Specifications of 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 part 679.
    The interim 2003 sideboard limit of rock sole specified for listed 
AFA catcher processors in the BSAI is 359 metric tons (mt) as 
established by the interim 2003 harvest specifications for groundfish 
in the BSAI (67 FR 78739, December 26, 2002).
    In accordance with Sec.  679.20(d)(1)(iv), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
interim 2003 sideboard limit of rock sole specified for listed AFA 
catcher processors will be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of zero mt, 
and is setting aside the 359 mt of the interim 2003 sideboard limit of 
rock sole specified for listed AFA catcher processors as bycatch to 
support other anticipated groundfish fisheries. Therefore, in 
accordance with Sec.  679.20(d)(1)(iii), NMFS is prohibiting directed 
fishing for rock sole by listed AFA catcher processors in 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 
sideboard limit for listed AFA catcher processors, 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

[[Page 3825]]

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: 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. 03-1785 Filed 1-24-03; 8:45 am]
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