[Federal Register Volume 68, Number 61 (Monday, March 31, 2003)]
[Rules and Regulations]
[Pages 15383-15384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 020718172-2303-02; I.D. 032503D]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod 
by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Jig or Hook-and-
Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea 
and Aleutian Islands 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 Pacific Cod by 
catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line 
gear in the Bogoslof Pacific cod exemption area of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the limit of Pacific cod for catcher vessels less 
than 60 ft (18.3 m) LOA using jig or

[[Page 15384]]

hook-and-line gear in the Bogoslof Pacific cod exemption area in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 27, 2003, 
2003, through 2400 hrs, A.l.t., December 31, 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.
    Section 679.22(a)(7)(B) prohibits in all waters within the Bogoslof 
area directed fishing for pollock, Pacific cod, and Atka mackerel by 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b), 
except as provided in paragraph (a)(7)(i)(C). Section 
679.22(a)(7)(i)(C) of the regulations provides for an exemption for all 
catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line 
gear for directed fishing for Pacific cod and specifies 113 mt of 
Pacific cod for that exempted fishery. Accordingly, the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
113 metric tons of Pacific cod have been caught by catcher vessels less 
than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof 
exemption area described at Sec.  679.22(a)(7)(i)(C)(1). Consequently, 
the Regional Administrator is prohibiting directed fishing for Pacific 
cod by catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-
and-line gear in the Bogoslof Pacific cod exemption area.
    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 (AA), 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 
Bogoslof exemption area limit of Pacific cod caught by vessels using 
jig or hook-and-line gear, and therefore reduce the public's ability to 
use and enjoy the fishery resource.
    The AA 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 50 CFR 679.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 25, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-7648 Filed 3-26-03; 1:47 pm]
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