[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Rules and Regulations]
[Page 55901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24534]



[[Page 55901]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 092303B]


Fisheries of the Exclusive Economic Zone Off Alaska; Trawl Gear 
in the Chum Salmon Savings Area 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 fishing with trawl gear in the Chum Salmon 
Savings Area of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2003 limit of 
non-chinook salmon caught by vessels using trawl gear in the Catcher 
Vessel Operation Area (CVOA).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 24, 
2003, until 1200 hrs, A.l.t., October 14, 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 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 limit of non-chinook salmon caught by vessels using trawl 
gear in the CVOA is 42,000 animals (Sec.  679.21(e)(7)(vii)). 
Regulations at Sec.  679.21(e)(1)(i) allocate 7.5 percent of this 
amount, 3,150 animals, to the groundfish Community Development Quota 
(CDQ) program as prohibited species quota reserve, leaving 38,850 
animals in the non-CDQ reserve. The CVOA is defined as that part of the 
BSAI that is south of 56[deg]00' N. lat. and between 163[deg]00' W. 
long. and 167[deg]30' W. long. (Figure 2 to 50 CFR part 679).
    In accordance with Sec.  679.21(e)(7)(vii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2003 limit of non-chinook salmon caught by vessels using trawl gear in 
the CVOA has been reached. Consequently, the Regional Administrator is 
prohibiting fishing with trawl gear in the Chum Salmon Savings Area 
defined at Figure 9 to 50 CFR part 679.
    As of August 21, 2003, 0 mt of the non-chinook salmon CDQ reserve 
has been caught by vessels using trawl gear in the CVOA. Therefore, CDQ 
participants are not yet prohibited from fishing with trawl gear in the 
Chum Salmon Savings Area.

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 
limit of non-chinook salmon caught by vessels using trawl gear in the 
CVOA, 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 23, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-24534 Filed 9-24-03; 2:18 pm]
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