[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Rules and Regulations]
[Page 27479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12634]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 051403B]


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for species that comprise 
the deep-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA). This action is necessary because the second seasonal 
apportionment of the 2003 Pacific halibut bycatch allowance specified 
for the deep-water species fishery in the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 16, 2003, 
through 1200 hrs, A.l.t., June 29, 2003.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 Pacific halibut bycatch allowance for the GOA trawl deep-water 
species fishery, which is defined at Sec.  679.21(d)(3)(iii)(B), as 
established by the final 2003 harvest specifications for groundfish of 
the GOA (68 FR 9924, March 3, 2003) for the second season, the period 
April 1, 2003, through 1200 hrs, A.l.t., June 29, 2003, is 300 metric 
tons.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 2003 Pacific halibut bycatch allowance 
specified for the trawl deep-water species fishery in the GOA has been 
reached. Consequently, NMFS is prohibiting directed fishing for the 
deep-water species fishery by vessels using trawl gear in the GOA. The 
species and species groups that comprise the deep-water species fishery 
are: all rockfish of the genera Sebastes and Sebastolobus, deep water 
flatfish, rex sole, arrowtooth flounder, and sablefish.
    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 second 
seasonal apportionment of the 2003 Pacific halibut bycatch allowance, 
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: May 14, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-12634 Filed 5-15-03; 2:40 pm]
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