[Federal Register Volume 68, Number 79 (Thursday, April 24, 2003)]
[Rules and Regulations]
[Page 20086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10161]



[[Page 20086]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 041803C]


Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod 
by Catcher Vessels less than 60 Feet Length Overall Using Hook-and-line 
or Pot 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 less than 60 feet length overall (LOA) using hook-and-
line or pot gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2003 total 
allowable catch (TAC) of Pacific cod allocated to catcher vessels less 
than 60 feet LOA using hook-and-line or pot gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 22, 2003, 
until 2400 hrs, A.l.t., December 31, 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 2003 Pacific cod TAC allocated to catcher vessels less than 60 
feet LOA using hook-and-line or pot gear in the BSAI is 1,363 metric 
tons (mt) as established by the final 2003 harvest specifications for 
Groundfish of the BSAI (68 FR 9907, March 3, 2003).
    The A season directed fisheries for Pacific cod by vessels 60 feet 
LOA and greater using pot gear was closed on February 26, 2003 (68 FR 
9942, March 3, 2003). The A season directed fisheries for Pacific cod 
by vessels 60 feet LOA and greater using hook-and-line gear was closed 
on March 28, 2003 (68 FR 15969, April 2, 2003). Pursuant to 50 CFR 
679.20(a)(7)(i)(C)(2)(ii) and (3)(ii), at the time of the closures the 
1,363 mt allowance of Pacific cod became available to catcher vessels 
less than 60 feet LOA using hook-and line or pot gear.
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the 2003 Pacific cod TAC 
allocated as a directed fishing allowance to catcher vessels less than 
60 feet LOA using hook-and-line or pot gear in the BSAI will soon be 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by catcher vessels less than 60 feet LOA using hook-and-line or pot 
gear in the BSAI.
    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 2003 
Pacific cod TAC allocated to catcher vessels less than 60 feet LOA 
using hook-and-line or pot 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 22, 2003.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-10161 Filed 4-21-03; 4:47 pm]
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