[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Rules and Regulations]
[Pages 56213-56214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24732]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 092403D]


Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod 
by Vessels Using Trawl Gear in 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 closing directed fishing for Pacific cod by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2003 halibut 
bycatch allowance specified for the trawl Pacific cod fishery category 
in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 25, 
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

[[Page 56214]]

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 CFR part 679.
    The 2003 halibut bycatch allowance specified for the trawl Pacific 
cod fishery category in the BSAI is 1,434 metric tons as established by 
the final 2003 harvest specifications for Groundfish of the BSAI (68 FR 
9907, March 3, 2003).
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS, has determined that the amount of the final 2003 halibut 
bycatch allowance specified for the trawl Pacific cod fishery category 
in the BSAI will be caught. Consequently, NMFS is closing directed 
fishing Pacific cod by vessels using trawl gear in the BSAI.

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 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 
halibut bycatch allowance, 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 Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 24, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-24732 Filed 9-25-03; 1:18 pm]
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