[Federal Register Volume 68, Number 244 (Friday, December 19, 2003)]
[Proposed Rules]
[Pages 70753-70754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31340]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 120303A]


Fisheries of the Exclusive Economic Zone off Alaska; Groundfish 
of the Bering Sea and Aleutian Islands Area

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

ACTION: Apportionment of reserve; request for comments.

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SUMMARY: NMFS proposes to apportion amounts of the reserve to certain 
target species in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to account for previous harvest of the 
total allowable catch (TAC). It is intended to promote the goals and 
objectives of the fishery management plan for the BSAI.

DATES: Comments must be received at the following address no later than 
4:30 p.m., Alaska local time, January 2, 2004.

ADDRESSES: Comments must 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: 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 Administrator, Alaska Region, NMFS, has determined that the 
initial TACs specified in the final 2003 harvest specifications (68 FR 
9907, March 3, 2003) for Greenland turbot in the Bering Sea subarea and 
arrowtooth flounder, yellowfin sole and Alaska plaice in the BSAI need 
to be supplemented from the non-specified reserve in order to continue 
operations and account for prior harvest.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS proposes to 
apportion from the reserve to the TACs for the following species: 
Bering Sea subarea - 100 metric tons (mt) to Greenland turbot; BSAI - 
3,000 mt to Arrowtooth flounder, 3,500 mt to yellowfin sole, Alaska 
plaice - 750 mt. These proposed apportionments are consistent with 
Sec.  679.20(b)(1)(ii) and do not result in overfishing of a target 
species because the revised TAC's are equal to or less than 
specifications of acceptable biological catch (68 FR 9907, March 3, 
2003).

Classification

    This action responds to the best available information recently 
obtained

[[Page 70754]]

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) and 679.20 (b)(3)(iii)(A) as such requirement is 
impracticable and 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 would delay the apportionment of the reserves to the 
affected, ongoing fisheries, thus preventing full utilization of the 
TAC and reducing the public's ability to use and enjoy the fishery 
resource. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of November 13, 2003.
    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. Under Sec.  679.20(b)(3)(iii), 
interested persons are invited to submit written comments on this 
action to the above address until January 2, 2004.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: December 12, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-31340 Filed 12-18-03; 8:45 am]
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