[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Rules and Regulations]
[Page 43030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307 3037-02; I.D. 071503C]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Western Aleutian District of 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 ocean perch 
in the Western Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2003 total allowable catch (TAC) of Pacific ocean perch in this 
area.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), July 16, 2003, 
through 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 
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 50 CFR part 679.
    The 2003 TAC of Pacific ocean perch for the Western Aleutian 
District was established as 5,411 metric tons (mt) by the final 2003 
harvest specifications for groundfish in the BSAI (68 FR 9907, March 3, 
2003).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2003 TAC 
for Pacific ocean perch in the Western Aleutian District will be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 5,111 mt, and is setting aside the 
remaining 300 mt as bycatch to support other anticipated groundfish 
fisheries. In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance will soon be 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
ocean perch in the Western Aleutian District of the BSAI.

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 
TAC for Pacific ocean perch in the Western Aleutian District, 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: July 15, 2003.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-18487 Filed 7-16-03; 4:12 pm]
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