[Federal Register Volume 68, Number 200 (Thursday, October 16, 2003)]
[Rules and Regulations]
[Pages 59546-59547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26193]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212306-2306-01; I.D. 101003A]


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

[[Page 59547]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Modification of a closure.

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SUMMARY: NMFS is reopening directed fishing 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) for 48 hours. This 
action is necessary to fully use the total allowable catch (TAC) of 
Pacific cod apportioned to vessels catching Pacific cod for processing 
by the offshore component in the Central Regulatory Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 12, 
2003, through 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 
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.
    NMFS closed the directed fishery for Pacific cod by vessels 
catching Pacific cod for processing by the offshore component in the 
Central Regulatory Area of the GOA at 2400 hrs, October 1, 2003 (68 FR 
57636, October 6, 2003).
    NMFS has determined that, approximately 560 mt of Pacific cod 
remain in the directed fishing allowance. Therefore, in accordance with 
Sec. Sec.  679.25(a)(1)(i) and (a)(2)(iii)(D), and to fully utilize the 
Pacific cod apportioned to vessels catching Pacific cod for processing 
by the offshore component in the Central Regulatory Area, NMFS is 
terminating the previous closure and is reopening directed fishing for 
Pacific cod by vessels catching Pacific cod for processing by the 
offshore component in the Central Regulatory Area of the GOA. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance will be reached after 48 
hours. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by vessels catching Pacific cod for processing by the offshore 
component in the Central Regulatory Area of the GOA effective 1200 hrs, 
A.l.t., October 14, 2003.

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 impracticable and contrary to the 
public interest as it would prevent the Agency from responding to the 
most recent fisheries data in a timely fashion and delay the opening of 
the fishery for Pacific cod apportioned to vessels catching Pacific cod 
for processing by the offshore component in the Central Regulatory 
Area, thus reducing 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: October 10, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-26193 Filed 10-10-03; 3:10 pm]
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