[Federal Register Volume 68, Number 191 (Thursday, October 2, 2003)]
[Rules and Regulations]
[Page 56788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24922]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 092403G]


Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish 
Fisheries by Vessels using Hook-and-Line Gear in the Gulf of Alaska

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

ACTION:  Closure.

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SUMMARY:  NMFS is prohibiting directed fishing for groundfish by 
vessels using hook-and-line gear in the Gulf of Alaska (GOA), except 
for demersal shelf rockfish in the Southeast Outside District or 
sablefish. This action is necessary because the 2003 bycatch mortality 
allowance of Pacific halibut apportioned to hook-and-line gear 
targeting groundfish other than demersal shelf rockfish in the 
Southeast Outside District or sablefish has been reached.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), September 28, 
2003, until 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 
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 mortality allowance for groundfish 
included in the other hook-and-line fishery, defined at Sec.  
679.21(d)(4)(iii)(C), was established by the final 2003 harvest 
specifications for groundfish of the GOA (68 FR 9924, March 3, 2003) as 
290 metric tons. The other hook-and-line fishery includes all 
groundfish except for demersal shelf rockfish in the Southeast Outside 
District or sablefish.
    In accordance with Sec.  679.21(d)(7)(ii), the Administrator, 
Alaska Region, NMFS, has determined that the 2003 Pacific halibut 
bycatch mortality allowance specified for the other hook-and-line 
fishery has been reached. Consequently, NMFS is prohibiting directed 
fishing for groundfish other than demersal shelf rockfish in the 
Southeast Outside District or sablefish by vessels using hook-and-line 
gear.
    Maximum retainable amounts may be found in the regulations at Sec.  
679.20(e) and (f).

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 
bycatch mortality allowance of Pacific halibut apportioned to hook-and-
line gear, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 25, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-24922 Filed 9-26-03; 3:54 pm]
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