[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Rules and Regulations]
[Pages 16409-16410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7413]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 032001D]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 610 of the Gulf of Alaska

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an inseason adjustment opening the B fishing 
season for pollock in Statistical Area 610 of the Gulf of Alaska (GOA) 
for 12 hours effective 1200 hrs, Alaska local time (A.l.t.), March 21, 
2001, until 2400 hrs, A.l.t., March 21, 2001. This adjustment is 
necessary to prevent the under harvest of the B seasonal allowance of 
the pollock total allowable catch (TAC) in Statistical Area 610 of the 
GOA.

DATES: Effective 1200 hrs, A.l.t., March 21, 2001, until 2400 hrs, 
A.l.t., March 21, 2001. Comments must be received at the following 
address no later than 4:30 p.m., A.l.t., April 5, 2001.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery 
or courier delivery of comments may be sent to the Federal Building, 
709 West 9th Street, Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.

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

[[Page 16410]]

Alaska (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.
    NMFS issued a prohibition to directed fishing for pollock effective 
March 16, 2001, for Statistical Area 610, in accordance with 
Sec. 679.20(d)(1)(iii) (66 FR 15359, March 19, 2001).
    As of March 19, 2001, 600 metric tons (mt) of pollock remain in the 
B seasonal allowance of the pollock TAC in Statistical Area 610 of the 
GOA. Section 679.23(b) specifies that the time of all openings and 
closures of fishing seasons other than the beginning and end of the 
calendar fishing year is 1200 hrs, A.l.t. Current information shows the 
catching capacity of vessels catching pollock for processing by the 
inshore component in Statistical Area 610 of the GOA is about 1,200 mt 
per day. The Administrator, Alaska Region, NMFS, has determined that 
the B seasonal allowance of the pollock TAC could be exceeded if a 24-
hour fishery were allowed to occur. NMFS intends that the seasonal 
allowance not be exceeded and, therefore, will not allow a 24-hour 
directed fishery. NMFS, in accordance with Sec. 679.25(a)(1)(i)and 
Sec. 679.25(a)(2)(i), is adjusting the B fishing season for pollock in 
Statistical Area 610 of the GOA by opening the fishery at 1200 hrs, 
A.l.t., March 21, 2001, and closing the fishery at 2400 hrs, A.l.t., 
March 21, 2001, at which time directed fishing for pollock will be 
prohibited. This action has the effect of opening the fishery for 12 
hours. NMFS is taking this action to allow a controlled fishery to 
occur, thereby preventing the overharvest of the B seasonal allowance 
of the pollock TAC designated in accordance with the Final 2001 Harvest 
Specifications and Associated Management Measures for the Groundfish 
Fisheries Off Alaska (66 FR 7276, January 22, 2001) and 
Sec. 679.20(a)(5)(ii)(C). In accordance with Sec. 679.25(a)(2)(iii), 
NMFS has determined that prohibiting directed fishing at 2400 hrs, 
A.l.t., March 21, 2001, after a 12-hour opening is the least 
restrictive management adjustment to achieve the B seasonal allowance 
of the pollock TAC and will allow other fisheries to continue in 
noncritical areas and time periods. Pursuant to Sec. 679.25(b)(2), NMFS 
has considered data regarding catch per unit of effort and rate of 
harvest in making this adjustment.

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 allow 
full utilization of the pollock TAC 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 allow full utilization of the pollock 
TAC constitutes good cause to find that the effective date of this 
action cannot be delayed for 30 days. In addition, this action relieves 
a restriction on the harvest of pollock in statistical area 610. 
Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is 
hereby waived.
    Without this inseason adjustment, NMFS could not allow the B 
seasonal allowance of the pollock TAC in Statistical Area 610 of the 
GOA to be harvested in an expedient manner and in accordance with the 
regulatory schedule. Under Sec. 679.25(c)(2), interested persons are 
invited to submit written comments on this action to the above address 
until April 5, 2001.
    This action is required by Secs. 679.20 and 679.25 and is exempt 
from review under Executive Order 12866.

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

    Dated: March 21, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-7413 Filed 3-21-01; 2:49 pm]
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