[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Rules and Regulations]
[Page 37095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15804]



[[Page 37095]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 020718172-2303-02; I.D. 061203D]


Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak 
Gully Research Area Opening for the Groundfish Trawl Fisheries of the 
Gulf of Alaska

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

ACTION: Opening.

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SUMMARY: The Administrator, Alaska Region, NMFS (Regional 
Administrator) is opening the Chiniak Gully Research Area in the Gulf 
of Alaska (GOA) to directed fishing for groundfish using trawl gear 
from August 1, 2003, through September 20, 2003. NMFS' Alaska Fisheries 
Science Center (AFSC) will not conduct research in this area in 2003. 
Therefore, the closure of the Chiniak Gully Research Area is not 
needed. This action is intended to relieve an unnecessary restriction 
on groundfish trawl fisheries and allow the optimum utilization of 
fishery resources, in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 2003, 
through 2400 hrs, A.l.t., September 20, 2003.

ADDRESSES: Copies of the environmental assessment/regulatory impact 
review/final regulatory flexibility analysis (EA/RIR/FRFA) for the 
regulatory amendment to permit an investigation of the effect of 
commercial fishing on Walleye pollock distribution and abundance in 
localized areas off the east side of Kodiak Island, may be obtained 
from Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori 
Durall.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, Sustainable Fisheries 
Division, Alaska Region, 907-586-7228 or email at 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council (Council) and approved by the 
Secretary of Commerce under authority of the Magnuson-Stevens 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.

Background

    In April 2001, the Council endorsed a research project proposed by 
the AFSC in the Chiniak Gully off Kodiak Island to determine the effect 
of pollock fisheries on pollock school dynamics and the likelihood of 
localized depletions of Steller sea lion pollock prey. The research 
project requires the closure of the Chiniak Gully Research Area to 
trawl fishing from August 1 to no later than September 20 in the years 
2001 through 2004. The Chiniak Gully Research Area is described at 50 
CFR 679.22(b)(3)(i). A detailed description of the research project is 
provided in the EA/RIR/FRFA. For copies of this document, please 
contact NMFS (see ADDRESSES). The trawl closure necessary for this 
research project was implemented by emergency interim rules in 2001 (66 
FR 37167, July 17, 2001) and in 2002 (67 FR 956, January 8, 2002), and 
by final rule in 2003 (68 FR 204, January 2, 2003).
    Pursuant to 50 CFR 679.22(b)(3)(ii)(B), the Regional Administrator 
may rescind the trawl closure of the Chiniak Gully Research Area by 
publishing notification in the Federal Register prior to September 20. 
Because the AFSC will not be conducting research in the Chiniak Gully 
Research Area in 2003, the Regional Administrator proposed to rescind 
the closure specified in 50 CFR 679.22(b)(3)(ii)(A), in a Federal 
Register notice published May 8, 2003 (68 FR 24668). The 2003 closure 
would unnecessarily restrict the trawl groundfish fisheries because no 
research will be conducted this year. Rescinding the 2003 trawl closure 
will allow vessels participating in groundfish trawl fisheries to 
harvest their total allowable catch amounts without the operational 
constraints imposed by the closure.
    Two comments were received regarding the proposed rescission of the 
area closure. Both comments were in favor of rescinding the closure.

Classification

    This action responds to the best available information recently 
obtained from the AFSC. Without this inseason adjustment, NMFS could 
not allow directed fishing for groundfish using trawl gear in the 
Chiniak Gully Research Area from August 1 through September 20, 
unnecessarily restricting the groundfish trawl fisheries.
    This action is pursuant to 50 CFR 679.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: June 16, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-15804 Filed 6-20-03; 8:45 am]
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