[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Rules and Regulations]
[Pages 14168-14169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6952]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod 
by Vessels Catching Pacific Cod for Processing by the Offshore 
Component in the Western Regulatory Area of the Gulf of Alaska

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 Pacific cod by 
vessels catching Pacific cod for processing by the offshore component 
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the A season allocation of the 2003 
total allowable catch (TAC) of Pacific cod apportioned to vessels 
catching Pacific cod for processing by the offshore component of the 
Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 20, 2003, 
through 1200 hrs, A.l.t., September 1, 2003.

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.
    The A season allocation of the 2003 TAC of Pacific cod apportioned 
to vessels catching Pacific cod for processing by the offshore 
component in the Western Regulatory Area of the GOA is 927 metric tons 
(mt) as established by the final 2003 harvest specifications of 
groundfish for the GOA (68 FR 9924, March 3, 2002).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allocation of the 2003 TAC of Pacific cod apportioned to vessels to 
vessels catching Pacific cod for processing by the offshore component 
of the Western Regulatory Area of the GOA will be reached. Therefore, 
the Regional Administrator is establishing a directed fishing allowance 
of 877 mt, and is setting aside the remaining 50 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 will soon be reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by vessels catching 
Pacific cod for processing by the offshore component in the Western 
Regulatory Area of the GOA.
    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 A season 
allocation of the 2003 TAC, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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


[[Page 14169]]


    Dated: March 19, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-6952 Filed 3-19-03; 4:18 pm]
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