[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Rules and Regulations]
[Page 22635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10555]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 042203A]


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), NationalOceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Prohibition of retention; closure.

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SUMMARY: NMFS is prohibiting retention of Pacific cod by vessels 
catching Pacific cod for processing by the offshore component in the 
Western Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring 
that catch of Pacific cod in this area be treated in the same manner as 
prohibited species and discarded at sea with a minimum of injury. This 
action is necessary because the amount of the 2003 total allowable 
catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod 
for processing by the offshore component in this area has been 
achieved.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 24, 2003, 
until 2400 hrs, A.l.t., December 31, 2003.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 amount 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 was established as 1,545 metric tons 
by the Final 2003 Harvest Specifications of Groundfish for the GOA (68 
FR 9907, March 3, 2003).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the amount of the 2003 TAC 
apportioned to vessels catching Pacific cod for processing by the 
offshore component of the Western Regulatory Area of the GOA has been 
reached. Therefore, NMFS is requiring that further catches of Pacific 
cod caught by vessels catching Pacific Cod for processing by the 
offshore component of the Western Regulatory Area of the GOA be treated 
as prohibited species in accordance with Sec.  679.21(b).

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 prohibition of retention of Pacific cod by vessel 
catching Pacific cod for processing by the offshore component, lead to 
exceeding the TAC, 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 23, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-10555 Filed 4-24-03; 3:15 pm]
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