[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Pages 31628-31629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13271]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 052103B]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in Bycatch Limitation Zone 1 of the 
Bering Sea and Aleutian Islands Management Area

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

ACTION:  Closure.

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SUMMARY:  NMFS is closing directed fishing for yellowfin sole by 
vessels using trawl gear in Bycatch Limitation Zone 1 (Zone 1) of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2003 bycatch allowance of red king 
crab specified for the trawl yellowfin sole fishery category in Zone 1.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), May 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 exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery of the

[[Page 31629]]

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 red king crab bycatch allowance specified for Zone 1 of 
the BSAI trawl yellowfin sole fishery category, which is defined at 
Sec.  679.21(e)(3)(iv)(B)(1), is 16,664 animals (68 FR 9907, March 3, 
2003).
    In accordance with Sec.  679.21(e)(7)(ii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2003 bycatch allowance of red king crab specified for the trawl 
yellowfin sole fishery in Zone 1 of the BSAI has been reached. 
Consequently, the Regional Administrator is closing directed fishing 
for yellowfin sole by vessels using trawl gear in Zone 1 of 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 
bycatch allowance of red king crab specified for the trawl yellowfin 
sole fishery in Zone 1 of the BSAI, 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 50 CFR 679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 21, 2003.
Bruce C. Morehead.
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-13271 Filed 5-22-03; 2:53 pm]
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