[Federal Register Volume 68, Number 238 (Thursday, December 11, 2003)]
[Rules and Regulations]
[Page 69049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30716]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod 
by Catcher/Processor Vessels Using Hook-and-line 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 
catcher/processor vessels using hook-and-line 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 for catcher/processor vessels using hook-and-line 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 appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2003 Pacific cod TAC allocated to catcher/processor vessels 
using hook-and-line gear in the BSAI was 77,911 metric tons (mt), as 
established by the final 2003 harvest specifications for groundfish of 
the BSAI (68 FR 9924, March 3, 2003). The Pacific cod TAC allocation to 
catcher processor vessels using hook-and-line 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 93,843 mt. See Sec.  679.20(c)(3)(iii), 
Sec.  679.20(c)(5), and Sec.  679.20(a)(7)(i)(A) and (C).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2003 Pacific cod TAC allocated as a directed fishing allowance to 
catcher/processor vessels using hook-and-line gear in the BSAI will 
soon be reached. Consequently, NMFS is prohibiting directed fishing for 
Pacific cod by catcher/processor vessels using hook-and-line 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 allocated to 
catcher/processor vessels 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.

    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. 03-30716 Filed 12-8-03; 3:17 pm]
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