[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Rules and Regulations]
[Page 15969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7960]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 032703E]


Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod 
by Catcher Vessels 60 Feet (18.3 m) Length Overall and Longer Using 
Hook-and-line Gear in the Bering Sea and Aleutian Islands

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 60 feet (18.3 m) length overall (LOA) and longer using 
hook-and-line gear in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the A season 
apportionment of the 2003 total allowable catch (TAC) of Pacific cod 
allocated to catcher vessels using hook-and-line gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 28, 2003, 
until 1200 hrs, A.l.t., June 10, 2003.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 A season apportionment of the 2003 Pacific cod TAC allocated to 
catcher vessels using hook-and-line gear in the BSAI is 175 metric tons 
(mt) as established by the final 2003 harvest specifications for 
groundfish of the BSAI (68 FR 9924, March 3, 2003).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the A season apportionment of 
the 2003 Pacific cod TAC allocated as a directed fishing allowance to 
catcher vessels using hook-and-line gear in the BSAI will soon be 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by catcher vessels 60 feet (18.3 m) length overall and longer using 
hook-and-line gear in the BSAI. Catcher vessels less than 60 feet (18.3 
m) LOA using hook-and-line gear in the BSAI may continue to participate 
in the directed fishery for Pacific cod under a separate Pacific cod 
allocation to catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear.
    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 A 
season apportionment of the 2003 Pacific cod TAC allocated to catcher 
vessels using hook-and-line gear in the BSAI, 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 section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 27, 2003.
Richard W. Surdi
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-7960 Filed 3-28-03; 2:59 pm]
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