Fishery conservation and management: Pacific Ocean perch,
[Federal Register: July 18, 2002 (Volume 67, Number 138)]
[Rules and Regulations]
[Page 47335-47336]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy02-18]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 011218304-1304-01; I.D. 071502A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Central Aleutian District of the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), NationalOceanic and
[[Page 47336]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2002 total allowable catch (TAC) of Pacific ocean perch in this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 15, 2002, through 2400 hrs, A.l.t., December 31, 2002.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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 2002 TAC of Pacific ocean perch for the Central Aleutian District was established as 2,831 metric tons (mt) by an emergency rule implementing 2002 harvest specifications and associated management measures for the groundfish fisheries off Alaska (67 FR 956, January 8, 2002).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2002 TAC for Pacific ocean perch in the Central Aleutian District will be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,531 mt and is setting aside the remaining 300 mt as bycatch to support other anticipated groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will soon be reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of the BSAI.
Maximum retainable bycatch amounts may be found in the regulations at Sec. 679.20(e) and (f).
Classification
This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds that the need to immediately implement this action to avoid exceeding the 2002 TAC of Pacific ocean perch for the Central Aleutian District of the BSAI constitutes 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 50 CFR 679.20(b)(3)(iii)(A). These procedures are unnecessary and contrary to the public interest because the need to implement these measures in a timely fashion to avoid exceeding the 2002 TAC of Pacific ocean perch for the Central Aleutian District of the BSAI constitutes good cause to find that the effective date of this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is hereby waived.
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: July 15, 2002. John H. Dunnigan, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 02-18145Filed7-15-02; 2:23 pm]
BILLING CODE 3510-22-S
