[Federal Register Volume 68, Number 238 (Thursday, December 11, 2003)]
[Rules and Regulations]
[Pages 69048-69049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30715]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 120403C]


Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod 
by Vessels Using Pot Gear in the Bering Sea and Aleutian Islands

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
vessels using pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2003 total allowable catch (TAC) of Pacific cod allocated to 
vessels using pot gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 9, 
2003, until 2400 hrs, A.l.t., December 31, 2003.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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

[[Page 69049]]

appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2003 Pacific cod TAC allocated to vessels using pot gear in the 
BSAI was established as a directed fishing allowance of 17,822 metric 
tons (mt) by the final 2003 harvest specifications for groundfish in 
the BSAI (68 FR 9907, March 3, 2003). The Pacific cod TAC allocation 
for vessels using pot gear was revised on October 17, 2003 (68 FR 
59748), on December 2, 2003 (68 FR 67379), and again in a document 
published elsewhere in this issue, resulting in a directed fishing 
allowance of 18,661 mt. See Sec.  679.20(c)(3)(iii), Sec.  
679.20(c)(5), Sec.  679.20(a)(7)(i)(A) and (C) and Sec.  679.20 (a) (7) 
(ii).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the 2003 Pacific cod TAC 
allocated as a directed fishing allowance to vessels using pot gear in 
the BSAI will soon be reached. Consequently, NMFS is prohibiting 
directed fishing for Pacific cod by vessels using pot gear in the BSAI.

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 
Pacific cod TAC allocated as a directed fishing allowance to vessels 
using pot gear in the BSAI, 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: December 8, 2003.
Bruce C. Morehead.
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. 03-30715 Filed 12-8-03; 3:17 pm]
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