[Federal Register Volume 68, Number 141 (Wednesday, July 23, 2003)]
[Rules and Regulations]
[Page 43479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18729]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 071803A]


Fisheries of the Exclusive Economic Zone off Alaska; Pelagic 
Shelf Rockfish in the West Yakutat District of the Gulf of Alaska

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 pelagic shelf 
rockfish in the West Yakutat District of the Gulf of Alaska (GOA). This 
action is necessary to prevent exceeding the 2003 total allowable catch 
(TAC) of pelagic shelf rockfish in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 20, 2003, 
through 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 
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 2003 TAC of pelagic shelf rockfish for the West Yakutat 
District was established as 640 metric tons (mt) by the final 2003 
harvest specifications for groundfish in the GOA (68 FR 9924, 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 pelagic shelf rockfish in the West Yakutat District will be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 630 mt, and is setting aside the 
remaining 10 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 pelagic 
shelf rockfish in the West Yakutat District of the GOA.

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 pelagic shelf rockfish in the Western Yakutat District of the 
GOA, 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 18, 2003.
John H. Dunnigan
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-18729 Filed 7-18-03; 3:49 am]
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