[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Rules and Regulations]
[Pages 57636-57637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25265]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212306-2306-01; I.D. 093003B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Catching Pacific Cod for Processing by the Offshore 
Component in the Central Regulatory Area of the Gulf of Alaska

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

ACTION:  Inseason adjustment; request for comments.

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SUMMARY:  NMFS issues an inseason adjustment closing the fishery for 
Pacific cod by vessels catching Pacific cod for processing by the 
offshore component in the Central Regulatory Area of the Gulf of Alaska 
(GOA). This action is necessary to prevent exceeding the 2003 total 
allowable catch (TAC) of Pacific cod apportioned to vessels catching 
Pacific cod for processing by the offshore component of the Central 
Regulatory Area of the GOA.

DATES:  Effective 2400 hrs, Alaska local time (A.l.t.), October 1, 
2003, until 2400, hrs A.l.t., December 31, 2003. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
October 16, 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. Comments also 
may be sent via facsimile (fax) to 907 586 7557. Comments will not be 
accepted if submitted via e-mail or Internet. Courier or hand delivery 
of comments may be made to NMFS in the Federal Building, Room 453, 
Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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 2003 TAC of Pacific cod apportioned to vessels catching Pacific 
cod for processing by the offshore component in the Central Regulatory 
Area of the GOA is 2,269 metric tons (mt) as established by the final 
2003 harvest specifications for groundfish of the GOA (68 FR 9924, 
March 3, 2003)
    As of Setember 20, 2003, 812 mt of Pacific cod remain in the 2003 
TAC of Pacific cod apportioned to vessels catching Pacific cod for 
processing by the offshore component in the Central Regulatory Area. 
Regulations at Sec.  679.23(b) specify 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. The fifth seasonal allowance 
of halibut mortality for trawl gear in the Gulf of Alaska becomes 
available at 1200 hrs, A.l.t., October 1, 2003. Vessels using trawl 
gear for catching Pacific cod for processing by the offshore component 
in the Central Regulatory Area will be able to begin directed fishing 
for Pacific cod at that time. Current information shows the catching 
capacity of trawl vessels catching Pacific cod for processing by the 
offshore component the Central Regulatory Area of the GOA is about 
1,500 mt per day. The Administrator, Alaska Region, NMFS, has 
determined that the TAC of Pacific cod apportioned to vessels catching 
Pacific cod for processing by the offshore component in the Central 
Regulatory Area of the GOA could be exceeded if a 24-hour fishery were 
allowed to occur. NMFS intends that the TAC not be exceeded and, 
therefore, will not allow the fishery to close at 12:00 hrs on October 
2, 2003. NMFS, in accordance with Sec.  679.25(a)(1)(i), and Sec.  
679.25(a)(2)(i), is adjusting the 2003 fishing season for Pacific cod 
by vessels catching Pacific cod for processing by the offshore 
component in the Central Regulatory Area of the GOA by closing the 
fishery at 24:00 hrs, A.l.t., October 1, 2003, at which time directed 
fishing for Pacific cod by vessels catching Pacific cod for processing 
by the offshore component in the Central Regulatory Area of the GOA 
will be prohibited.
    NMFS is taking this action to allow a controlled fishery to occur, 
thereby preventing the overharvest of the 2003 TAC of Pacific cod 
apportioned to vessels catching Pacific cod for processing by the 
offshore component in the Central Regulatory Area of the GOA. In 
accordance with Sec.  679.25(a)(2)(iii), NMFS has determined that 
prohibiting directed fishing at 2400 hrs, A.l.t., October 1, 2003, is 
the least restrictive management adjustment to achieve the 2003 TAC of 
Pacific cod apportioned to vessels catching Pacific cod for processing 
by the offshore component in the Central Regulatory Area of the GOA. 
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.

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, not allow the full 
utilization of the Pacific cod 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 
remaining 2003 TAC of Pacific cod apportioned to vessels catching 
Pacific cod for processing by the offshore component in the Central 
Regulatory Area 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 October 16, 2003.
    This action is required by Sec. Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.


[[Page 57637]]


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

    Dated: September 30, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-25265 Filed 10-1-03; 2:46 pm]
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