[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Rules and Regulations]
[Page 54395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23758]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 091103A]


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in 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 species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska (GOA), except for vessels fishing for pollock using 
pelagic trawl gear in those portions of the GOA open to directed 
fishing for pollock. This action is necessary because the 2003 Pacific 
halibut bycatch allowance specified for the shallow-water species 
fishery in the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.),September 12, 
2003, through 1200 hrs, A.l.t., October 1, 2003.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586.

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 Pacific halibut bycatch allowance for the GOA trawl shallow-
water species fishery, which is defined at Sec.  679.21(d)(3)(iii)(A), 
as established by the final 2003 harvest specifications for groundfish 
of the GOA (68 FR 9924, March 3, 2003), is 900 metric tons.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2003 
Pacific halibut bycatch allowance specified for the trawl shallow-water 
species fishery in the GOA has been reached. Consequently, NMFS is 
prohibiting directed fishing for species that comprise the shallow-
water species fishery by vessels using trawl gear in the GOA, except 
for vessels fishing for pollock using pelagic trawl gear in those 
portions of the GOA open to directed fishing for pollock. The species 
and species groups that comprise the shallow-water species fishery are: 
pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel, and ``other 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 closure of the fishery, lead to exceeding the 2003 
Pacific halibut bycatch allowance specified for the trawl shallow-water 
species fishery, 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: September 11, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-23758 Filed 9-12-03; 2:39 pm]
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