[Federal Register Volume 66, Number 48 (Monday, March 12, 2001)]
[Rules and Regulations]
[Pages 14343-14344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6060]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 030601B]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Western Aleutian District and Bering Sea Subarea of the 
Bering Sea and Aleutian Islands

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

ACTION: Closure, notice of opening.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Western Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2001 A season harvest specification of Atka mackerel. NMFS 
announces also some Steller sea lion critical habitat areas in the 
Western Aleutian District, not otherwise subject to year-round closures 
or transiting prohibitions, are open to fishing with trawl gear for 
species for which directed fisheries are open.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 7, 2001, 
until 1200 hrs, A.l.t., September 1, 2001.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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 2001 A season Atka mackerel total allowable catch (TAC) in the 
Western Aleutian District of the BSAI is 12,904 metric tons (mt) as 
established by the Final 2001 Harvest Specifications and Associated 
Management Measures for the Groundfish Fisheries Off Alaska (66 FR 
7276, January 22, 2001).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2001 A 
season Atka mackerel TAC in the Western Aleutian District will be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 12,654 mt, and is setting aside the 
remaining 250 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 soon will be 
reached. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel in the Western Aleutian District of the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec.  679.20(e) and (f).
    On February 13, 2001, NMFS prohibited trawling within Steller sea 
lion critical habitat in the Western Aleutian District because the 
allowable harvest of Atka mackerel in the Steller Sea lion protection 
areas in the Western Aleutian District had been reached (66 FR 10637, 
February 16, 2001).

[[Page 14344]]

 Regulations at 679.22(a)(12)(iii)(C) authorize opening Steller sea 
lion critical habitat in the Western Aleutian District to fishing with 
trawl gear after NMFS closes Atka mackerel to directed fishing within 
that district. NMFS, therefore, announces that the above mentioned, 
previously closed areas of the Steller Sea lion critical habitat in the 
Western Aleutian District are open to fishing with trawl gear for 
species in areas open to directed fishing. This action does not open 
critical habitat areas that are closed to transiting or fishing with 
trawl gear year round.

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 
prevent exceeding the amount of the 2001 A season harvest specification 
of Atka mackerel in the Western 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)(3)(B) and 50 CFR 679.20(b)(3)(iii)(A), as such 
procedures would be unnecessary and contrary to the public interest. 
Similarly, the need to implement these measures in a timely fashion to 
prevent exceeding the 2001 A season harvest specification of Atka 
mackerel in the Western 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), a delay in the 
effective date is hereby waived.
    This action is required by Secs.  679.20 and 679.22 and is exempt 
from review under Executive Order 12866.

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

    Dated: March 7, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-6060 Filed 3-7-01; 4:31 pm]
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