[Federal Register Volume 68, Number 166 (Wednesday, August 27, 2003)]
[Rules and Regulations]
[Page 51515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 082003D]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Eastern 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 retention of Pacific ocean perch in the 
Eastern Aleutian District of the Bering Sea and Aleutian Islands 
(BSAI). NMFS is requiring that catch of Pacific ocean perch in this 
area be treated in the same manner as prohibited species and discarded 
at sea with a minimum of injury. This action is necessary because the 
allocation of the Pacific ocean perch 2003 total allowable catch (TAC) 
in this area has been achieved.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 23, 2003, 
until 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 (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 CFR part 679. The 
allocation of the Pacific ocean perch TAC in the Eastern Aleutian 
District of the BSAI was established as 3,238 metric tons (mt) by the 
final 2003 harvest specifications for groundfish in the BSAI and the 
reserve apportionment (68 FR 9907, March 3, 2003). The allocation of 
Pacific ocean perch TAC in the Eastern Aleutian District of the BSAI to 
Community Development Quota (CDQ) participants was established as 263 
mt by the final 2003 harvest specifications for groundfish in the BSAI.
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the allocation of the Pacific ocean 
perch TAC in the Eastern Aleutian District of the BSAI has been 
reached. Therefore, NMFS is requiring that further catches of Pacific 
ocean perch TAC in the Eastern Aleutian District of the BSAI be treated 
as prohibited species in accordance with Sec.  679.21(b).
    As of August 19, 2003, 125 mt of the Pacific ocean perch CDQ 
reserve in the Eastern Aleutian District of the BSAI remains 
unharvested. Therefore, CDQ participants are not yet required to treat 
catch of Pacific ocean perch in the Eastern Aleutian District of the 
BSAI as a prohibited species.

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 prohibition of retention, lead to exceeding the TAC 
of Pacific ocean perch in the Eastern Aleutian District 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 21, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-21933 Filed 8-22-03; 2:45 pm]
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