[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Rules and Regulations]
[Pages 47875-47876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20515]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 080103C]


Fisheries of the Exclusive Economic Zone Off Alaska; Non-
Community Development Quota Pollock with Trawl Gear in the Chinook 
Salmon Savings Areas 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 prohibiting directed fishing for non-Community 
Development Quota (CDQ) pollock with trawl gear in the Chinook Salmon 
Savings Areas of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2003 non-CDQ 
limit of chinook salmon caught by vessels using trawl gear while 
directed fishing for pollock in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 
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 
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.
    For 2003, the chinook salmon PSC limit for the pollock fishery was 
set at 33,000 fish (68 FR 9907, March 3, 2003). Of that limit, 7.5 
percent is allocated to the groundfish CDQ program as prohibited 
species quota reserve. Consequently, the 2003 non-CDQ limit of chinook 
salmon caught by vessels using trawl gear while directed fishing for 
pollock in the BSAI, is 30,525 animals (Sec.  679.21(e)(1)(i) and 
(vii)).
    In accordance with Sec.  679.21(e)(7)(viii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2003 non-CDQ limit of chinook salmon caught by vessels using trawl gear 
while directed fishing for pollock in the BSAI has been reached. 
Consequently, the Regional Administrator is prohibiting directed 
fishing for non-CDQ pollock with trawl gear in the Chinook Salmon 
Savings Areas defined at Figure 8 to 50 CFR part 679.
    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, finds good cause to waive the

[[Page 47876]]

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 non-CDQ limit of chinook salmon 
caught by vessels using trawl gear while directed fishing for pollock 
in the BSAI, and therefore reduce the public's ability to use and enjoy 
the fishery resource.
    The Assistant Administrator for Fisheries, NOAA 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: August 6, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-20515 Filed 8-11-03; 8:45 am]
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