[Federal Register Volume 68, Number 67 (Tuesday, April 8, 2003)]
[Rules and Regulations]
[Page 16990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8543]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 032803E]


Fisheries of the Exclusive Economic Zone Off Alaska; AtkaMackerel 
and Pacific Cod With Trawl Gear in the Bering Sea and Aleutian Islands

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

ACTION: Closures and openings.

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SUMMARY: NMFS announces opening and closing dates of the first and 
second directed fisheries for Atka mackerel within the harvest limit 
area (HLA) in Statistical Areas 542 and 543. These actions are 
necessary to fully use the 2003 HLA limits established for the Central 
(area 542) and Western (area 543) Aleutian Districts pursuant to the 
2003 Atka mackerel total allowable catch (TAC). NMFS also prohibits 
directed fishing for Pacific cod by vessels using trawl gear in the 
HLA.

DATES: Prohibition of directed fishing for Pacific cod with trawl gear 
in area 542 HLA and area 543 HLA: Effective 1200 hrs, Alaska local time 
(A.l.t.), April 8, 2003, until 1200 hrs, A.l.t., April 11, 2003. The 
first directed fisheries for Atka mackerel in the HLA in area 542 and 
area 543 open: Effective 1200 hrs, A.l.t., April 8, 2003, until 1200 
hrs, A.l.t., April 9, 2003. The second directed fisheries for Atka 
mackerel in the HLA in area 542 and area 543 open: effective 1200 hrs, 
A.l.t., April 10, 2003, until 1200 hrs, A.l.t., April 11, 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.
    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the directed fishery or fisheries 
for which they have registered. NMFS has notified each vessel owner as 
to which fishery each vessel has been assigned by NMFS (68 FR 2922, 
January 22, 2003).
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the HLA portion of 
the Atka mackerel TAC in areas 542 and 543 are 8,147 mt and 5,547 mt, 
respectively (68 FR 9907, March 3, 2003). The HLA directed fisheries 
for Atka mackerel were previously opened and closed (68 FR 2920, 
January 22, 2003) based on the HLA apportionments of the interim 
specifications of groundfish (67 FR 78739, December 26, 2002). NMFS has 
determined that as of March 25, 2003, the remaining amounts of the Atka 
mackerel HLA limits are 2,496 mt in the 542 HLA limit and 1,894 mt in 
the 543 HLA limit.
    In order to fully utilize the 2003 HLA limit for areas 542 and 543 
and pursuant to Sec.  679.20(a)(8)(iii)(C), NMFS is reopening the first 
and second directed fisheries for Atka mackerel for the dates and times 
listed under the DATES section of this notice.
    In accordance with Sec.  679.20(a)(8)(iii)(D) and based on the 
amounts of the HLA limits currently available and the proportion of the 
number of vessels in each fishery compared to the total number of 
vessels participating in the HLA directed fishery for area 542 or 543, 
the harvest limits for each HLA directed fishery in areas 542 and 543 
are: 1,248 mt for the first directed fishery in area 542, 947 mt for 
the first directed fishery in area 543, 1,248 mt for the second 
directed fishery in area 542, and 947 mt for the second directed 
fishery in area 543.
    In accordance with Sec.  679.20(a)(8)(iii)(E), the Administrator, 
Alaska Region, NMFS, has established the closure dates of the Atka 
mackerel directed fisheries in the HLA for areas 542 and 543 based on 
the amount of the harvest limit and the estimated fishing capacity of 
the vessels assigned to the respective fisheries. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel in the HLA of areas 542 
and 543 in accordance with the dates and times listed under the DATES 
section of this notice.
    In accordance with Sec.  679.22(a)(8)(iv)(A), directed fishing for 
Pacific cod by vessels named on a Federal Fisheries Permit under Sec.  
679.4(b) and using trawl gear is prohibited in the HLA in area 542 or 
area 543, as defined in Sec.  679.2, when the Atka mackerel HLA 
directed fishery in area 542 or area 543 is open. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod in the HLA in area 542 and 
area 543 as defined in accordance with the dates and times listed under 
the DATES section of this notice.

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 fisheries, lead to exceeding the HLA 
limits, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 2, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-8543 Filed 4-3-03; 2:21 pm]
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