[Federal Register Volume 68, Number 55 (Friday, March 21, 2003)]
[Rules and Regulations]
[Page 13858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6839]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 031703D]


Fisheries of the Exclusive Economic Zone off Alaska; Pollock in 
Statistical Area 630 of the Gulf of Alaska

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an inseason adjustment opening the B fishing 
season for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) 
for 12 hours effective 1200 hrs, Alaska local time (A.l.t.), March 20, 
2003, until 2400 hrs, A.l.t., March 20, 2003. This adjustment is 
necessary to allow the fishing industry opportunity to harvest the B 
season allowance of the pollock total allowable catch (TAC) in 
Statistical Area 630 of the GOA.

DATES: Effective 1200 hrs, A.l.t., March 20, 2003, until 2400 hrs, 
A.l.t., March 20, 2003. Comments must be received no later than 4:30 
p.m., A.l.t., April 2, 2003.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall. Comments also 
may be sent via facsimile (fax) to 907-586-7557. Comments will not be 
accepted if submitted via e-mail or Internet. Courier or hand delivery 
of comments may be made to NMFS in the Federal Building, Room 453, 
Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

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.
    NMFS issued a prohibition to directed fishing for pollock effective 
March 10, 2003, for Statistical Area 630, in accordance with Sec.  
679.20(d)(1)(iii) (68 FR 11994, March 13, 2003).
    As of March 11, 2003, 857 metric tons (mt) of pollock remain in the 
B season allowance of the pollock TAC in Statistical Area 630 of the 
GOA. Regulations at Sec.  679.23(b) specify that the time of all 
openings and closures of fishing seasons other than the beginning and 
end of the calendar fishing year is 1200 hrs, A.l.t. Current 
information shows the catching capacity of vessels catching pollock for 
processing by the inshore component in Statistical Area 630 of the GOA 
is about 1,500 mt per day. The Administrator, Alaska Region, NMFS, has 
determined that the B season allowance of the pollock TAC could be 
exceeded if a 24-hour fishery were allowed to occur. NMFS is not 
allowing a 24-hour directed fishery in order that the seasonal 
allowance not be exceeded. NMFS, in accordance with Sec.  
679.25(a)(1)(i) and Sec.  679.25(a)(2)(i), is adjusting the B fishing 
season for pollock in Statistical Area 630 of the GOA by opening the 
fishery at 1200 hrs, A.l.t., March 20, 2003 and closing the fishery at 
2400 hrs, A.l.t., March 20, 2003, at which time directed fishing for 
pollock will be prohibited. This action has the effect of opening the 
fishery for 12 hours.
    NMFS is taking this action to allow a controlled fishery to occur, 
thereby preventing the overharvest of the B season allowance of the 
pollock TAC designated in accordance with the final 2003 harvest 
specifications for groundfish in the GOA (68 FR 9924, March 3, 2003) 
and Sec.  679.20(a)(5)(iii). In accordance with Sec.  
679.25(a)(2)(iii), NMFS has determined that prohibiting directed 
fishing at 2400 hrs, A.l.t., March 20, 2003, after a 12- hour opening 
is the least restrictive management adjustment to achieve the B season 
allowance of the pollock TAC. Pursuant to Sec.  679.25(b)(2), NMFS has 
considered data regarding catch per unit of effort and rate of harvest 
in making this adjustment.

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 opening of the fishery, not allow the full utilization 
of the pollock TAC, and therefore reduce the public's ability to use 
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.
    Without this inseason adjustment, NMFS could not allow the B season 
allowance of the pollock TAC in Statistical Area 630 of the GOA to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to see ADDRESSES until April 2, 
2003.
    This action is required by Sec.  Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: March 17, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-6839 Filed 3-18-03; 3:52 pm]
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