[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Rules and Regulations]
[Pages 24667-24668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11482]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307 3037-02; I.D. 042903A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands 
Management Area

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

ACTION: Modification of a closure.

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SUMMARY: NMFS is reopening directed fishing for yellowfin sole by 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to utilize the amount 
of the second seasonal apportionment of the halibut bycatch allowance 
specified for the trawl yellowfin sole fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 12, 2003, 
through 1200 hrs, A.l.t., May 21, 2003.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 CFR part 679.
    The amount of the second seasonal apportionment of the halibut 
bycatch allowance specified for the trawl yellowfin sole fishery 
category in the BSAI was established as 195 metric tons by the final 
2003 harvest specifications for groundfish in the BSAI (68 FR 9907, 
March 3, 2003). In accordance with Sec.  679.21(e)(7)(v), the directed 
fishery for yellowfin sole by vessels using trawl gear was closed 
effective 1200 hrs, A.l.t., April 17, 2003 (68 FR 19465, April 21, 
2003) because it was expected that the second seasonal apportionment of 
the trawl halibut bycatch allowance specified for the yellowfin sole 
fishery category would be caught.
    NMFS has determined that as of April 19, 2003, the remaining amount 
of the second seasonal apportionment of the halibut bycatch allowance 
specified for the trawl yellowfin sole fishery category is 73 metric 
tons. Therefore, NMFS is terminating the previous closure and is re-
opening directed fishing for yellowfin sole by vessels using trawl gear 
in the BSAI effective 1200 hrs, A.l.t., May 12, 2003.

Classification

    All other closures remain in full force and effect. 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

[[Page 24668]]

contrary to the public interest. This requirement is contrary to the 
public interest as it would delay the opening of the fishery, not allow 
for the full utilization of the second seasonal apportionment of the 
halibut bycatch allowance specified for the trawl yellowfin sole 
fishery category, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 2, 2003.
Bruce C, Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-11482 Filed 5-7-03; 8:45 am]
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