[Federal Register Volume 68, Number 168 (Friday, August 29, 2003)]
[Rules and Regulations]
[Pages 51929-51931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22191]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 081403C]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands

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

ACTION: Inseason adjustment; request for comments; openings and 
closures.

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[[Page 51930]]

SUMMARY: NMFS issues an inseason adjustment opening the B season for 
Atka mackerel with gears other than jig in the Eastern Aleutian 
District (area 541) and the Bering Sea subarea of the Bering Sea and 
Aleutian Islands management area (BSAI) for 12 hours, from 2400 hrs, 
Alaska local time (A.l.t.), September 1, 2003, until 1200 hrs, A.l.t., 
September 2, 2003. This action is necessary to prevent exceeding the 
2003 total allowable catch (TAC) of Atka mackerel in these areas and to 
allow the harvest limit area (HLA) fisheries in the Central (area 542) 
and Western (area 543) Aleutian Districts, which are by regulation 
scheduled to open 48 hours after the closure of the Eastern Aleutian 
District and Bering Sea subarea fishery, to begin at 1200 hrs. NMFS is 
also announcing the opening and closure dates of the first and second 
directed fisheries within the HLA in areas 542 and 543. These actions 
are necessary to prevent exceeding the B season HLA limits established 
for area 542 and area 543.

DATES: Opening of directed fishing for Atka mackerel with gears other 
than jig in the Eastern Aleutian District and the Bering Sea subarea: 
Effective 2400 hrs, A.l.t., September 1, 2003, until 1200 hrs, A.l.t., 
September 2, 2003. The first directed fisheries in the HLA in area 542 
and area 543 open effective 1200 hrs, A.l.t., September 4, 2003. The 
first HLA fishery in area 542 and area 543 will remain open until 1200 
hrs, A.l.t., September 10, 2003. The second directed fisheries in the 
HLA in area 542 and area 543 open effective 1200 hrs, A.l.t., September 
12, 2003. The second HLA fishery in area 542 and area 543 will remain 
open until 1200 hrs, A.l.t., September 18, 2003. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 12, 2003.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall. Hand delivery 
or courier delivery of comments may be sent to NMFS at the Federal 
Building, 709 West 9th Street, Room 453, Juneau, AK 99801. Comments 
also may be sent via facsimile (fax) to (907) 586-7557. Comments will 
not be accepted if submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, (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 Atka mackerel for gears other than jig in the 
Eastern Aleutian District and the Bering Sea subarea is 9,753 metric 
tons (mt) as established by the final 2003 harvest specifications for 
Groundfish of the BSAI (68 FR 9907, March 3, 2003).
    As of August 7, 2003, 2,100 mt remain in the 2003 Eastern Aleutian 
District and Bering Sea subarea TAC of Atka mackerel for gears other 
than jig. Current information shows the catching capacity of vessels 
expected to fish Atka mackerel in Statistical Area 541 of the BSAI is 
about 2,500 mt per day. Regulations at Sec.  679.23(b) specifies that 
the time of all openings and closures of fishing seasons, other than 
the beginning and end of the calendar fishing year, is 1200 hrs, A.l.t. 
However, the Administrator, Alaska Region, NMFS, has determined that 
the B season allowance of the Atka mackerel TAC could be exceeded if a 
24-hour fishery were allowed to occur. NMFS intends that the seasonal 
allowance not be exceeded and, therefore, cannot allow a 24-hour 
directed fishery.
    NMFS, in accordance with Sec.  679.25(a)(1)(i) and Sec.  
679.25(a)(2)(i)(A), is adjusting the B season for Atka mackerel in the 
Eastern Aleutian District and Bering Sea subarea by opening the fishery 
at 2400 hrs, A.l.t., September 1, 2003, and closing the fishery at 1200 
hrs, A.l.t., September 2, 2003, at which time directed fishing for Atka 
mackerel will be prohibited. This action has the effect of opening the 
fishery for 12 hours.
    Regulations at Sec.  679.20(a)(8)(iii)(C) require the HLA fisheries 
in areas 542 and 543 open 48 hours after the seasonal closure of area 
541. To provide for openings in the subsequent HLA fisheries at 1200 
hrs, A.l.t., the fishery in the Eastern Aleutian District and Bering 
Sea subarea is being opened at 2400 hrs, A.l.t., September 1, 2003, and 
closed at 1200 hrs, A.l.t., September 2, 2003.
    In accordance with Sec.  679.25(a)(2)(iii), NMFS has determined 
that prohibiting directed fishing at 1200 hrs, A.l.t., September 2, 
2003, after a 12-hour opening is the least restrictive management 
adjustment to achieve the 2003 Atka mackerel TAC in Eastern Aleutian 
District and Bering Sea subarea and will allow other fisheries to 
continue in noncritical areas and time periods. Pursuant to Sec.  
679.25(b)(2), NMFS has considered data regarding catch per unit of 
effort and rate of harvest in making this adjustment.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543. These regulations require the 
opening to occur 48 hours after the closure of the area 541 Atka 
mackerel directed fishery. The Regional Administrator has established 
the opening date for the second HLA directed fisheries in areas 542 and 
543 as 48 hours after the closure of the first HLA fisheries. NMFS is 
opening directed fishing for Atka mackerel in the HLA of areas 542 and 
543 in accordance with the periods listed under the DATES section of 
this notice and as justified below.
    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the directed fishery or fisheries 
for which they have registered. NMFS has notified each vessel as to 
which fishery each vessel has been assigned by NMFS. A notification of 
vessel assignments was published elsewhere in this issue.
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the B season 
harvest limit of the seasonal TAC in areas 542 and 543 are 8,147 mt and 
5,547 mt, respectively. Based on those seasonal apportionments and the 
proportion of the number of vessels in each platoon compared to the 
total number of vessels participating in the HLA directed fishery for 
area 542 or 543 during the B season, the harvest limit for each HLA 
directed fishery for areas 542 and 543 are as follows: For the first 
directed fishery in area 542, 4,074 mt; for the first directed fishery 
in area 543, 2,774 mt; for the second directed fishery in area 542, 
4,074 mt; for the second directed fishery in area 543, 2,774 mt.
    In accordance with Sec.  679.20(a)(8)(iii)(E), the Regional 
Administrator has established the closure dates of the Atka mackerel 
directed fisheries in the HLA for areas 542 and 543 based on the amount 
of the harvest limit and the estimated fishing capacity of the vessels 
assigned to the respective fisheries. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel in the HLA of areas 542 and 543 in 
accordance with the periods listed under the DATES section of this 
notice.

[[Page 51931]]

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 these fisheries, lead to exceeding the 
TAC, and therefore reduce the public's ability to use and enjoy the 
fishery resource.
    The AA 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.
    Without this inseason adjustment, NMFS could not allow the Atka 
mackerel TAC in the Eastern Aleutian District and Bering Sea subarea of 
the BSAI to be harvested in an expedient manner and in accordance with 
the regulatory schedule. Under Sec.  679.25(c)(2), interested persons 
are invited to submit written comments on this action to the above 
address until September 12, 2003.
    This action is required by Sec. Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: August 25, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-22191 Filed 8-28-03; 8:45 am]
BILLING CODE 3510-22-S