Federal Register: September 26, 2002 (Volume 67, Number 187)
DOCID: FR Doc 02-24369
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 679
Docket ID: [Docket No. 011218304-1304-01; I.D. 091902D]
NOTICE: RULES
ACTION: Fishery conservation and management:
DOCUMENT ACTION: Closure.
SUBJECT CATEGORY:
Fisheries of the Exclusive Economic Zone Off Alaska; Trawl Gear in the Chum Salmon Savings Area of the Bering Sea and Aleutian Islands Management Area
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 21, 2002, until 1200 hrs, A.l.t., October 14, 2002.
DOCUMENT SUMMARY:
NMFS is prohibiting fishing with trawl gear in the Chum Salmon Savings Area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2002 limit of nonchinook salmon caught by vessels using trawl gear in the Catcher Vessel Operation Area (CVOA).
SUMMARY:
Alaska; fisheries of Exclusive Economic Zone—; Bering Sea and Aleutian Islands groundfish; chum salmon savings area,
SUPPLEMENTAL 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 MagnusonStevens 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 limit of nonchinook salmon caught by vessels using trawl gear for the CVOA, is 42,000 animals, Sec. 679.21(e)(7)(vii). The CVOA is defined as that part of the BSAI that is south of 56[deg]00' N. lat. and between 163[deg]30' W. long. and 167[deg]30' W. long. (Figure 2 to 50 CFR part 679).
In accordance with Sec. 679.21(e)(7)(vii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2002 limit of nonchinook salmon caught by vessels using trawl gear in the CVOA has been reached. Consequently, the Regional Administrator is prohibiting fishing with trawl gear in the Chum Salmon Savings Area defined at Figure 9 to 50 CFR part 679.
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 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 2002 limit of nonchinook salmon caught by vessels using trawl gear in the CVOA, and therefore reduce the public's ability to use the fishery resource.
The Assistant Administrator for Fisheries, NOAA also finds good cause to waive the 30day 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 section 679.20 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 0224369 Filed 92002; 4:24 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Mary Furuness, 907-586-7228.