[Federal Register Volume 66, Number 61 (Thursday, March 29, 2001)]
[Rules and Regulations]
[Pages 17087-17088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1073-03; I.D. 020901F]


Fisheries of the Exclusive Economic Zone Off Alaska; Final Rule; 
Adjustment to Emergency Interim Rule

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

ACTION: Final Rule; adjustment to the emergency interim rule for 
Steller Sea Lion Protection Measures for the Groundfish Fisheries Off 
Alaska; Final 2001 Harvest Specifications and Associated Management 
Measures for the Groundfish Fisheries Off Alaska.

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SUMMARY: NMFS issues a final rule adjusting the seasonal apportionments 
of the 2001 Pacific halibut bycatch limits specified for the trawl and 
hook-and-line groundfish fisheries of the Gulf of Alaska (GOA). This 
action is necessary to optimize the harvest of Pacific cod under new 
Steller sea lion protection measures implemented under an emergency 
interim rule, which was effective on January 18, 2001.

DATES: Effective March 23, 2001, through 2400 hrs, A.l.t., July 17, 
2001.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 Alaska (FMP) prepared by the North 
Pacific Fishery Management Council (Council) under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (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.
    In December 2000, the Council's Advisory Panel recommended seasonal 
Pacific halibut prohibited species catch (PSC) apportionments in order 
to maximize harvest among gear types, fisheries, and seasons while 
minimizing bycatch of Pacific halibut PSC. The seasonal apportionments 
of the Pacific halibut PSC were published in Tables 24 and 25 in the 
preamble of the emergency interim rule implementing the Steller Sea 
Lion Protection Measures for the Groundfish Fisheries Off Alaska; Final 
2001 Harvest Specifications and Associated Management Measures for the 
Groundfish Fisheries Off Alaska (66 FR 7276, January 22, 2001). At an 
emergency January 12, 2001, meeting, NMFS presented the Council with 
the 2001 Steller sea lion protection measures, one of which separates 
the GOA Pacific cod total allowable catch (TAC) into two separate 
seasonal allowances. The A season, January 1, 2001, through noon, 
A.l.t., June 10, 2001, is allocated 60 percent of the annual TAC. The B 
season, starting at noon, A.l.t., June 10, 2001, through midnight, 
A.l.t., December 31, 2001, is allocated 40 percent of the annual TAC. 
Trawl gear bycatch of Pacific halibut in the GOA Pacific cod fishery is 
deducted from the Pacific halibut PSC seasonal allowance established 
for the shallow-water species trawl fishery. Hook-and-line gear bycatch 
of Pacific halibut in the GOA Pacific cod fishery is deducted from the 
Pacific halibut PSC seasonal allowance established for the hook-and-
line gear fishery, other than the demersal shelf rockfish fishery. 
Under Sec. 679.21(d)(5), in order to accommodate the new Pacific cod 
seasons and optimize the harvest of Pacific cod, the Council 
recommended, and NMFS concurred, to move 100 metric tons of the Pacific 
halibut trawl PSC limit for the shallow-water species trawl fishery 
from the June 10 through July 1 seasonal allowance to the January 20 
through April 1 seasonal allowance. Also, the Council recommended, and 
NMFS concurred, to move 30 mt of the Pacific halibut hook-and-line PSC 
limit from May 18 through August 31 seasonal allowance to the January 1 
through May 17 seasonal allowance.
    Tables 24 and 25 of the Steller Sea Lion Protection Measures for 
the Groundfish Fisheries Off Alaska; Final 2001 Harvest Specifications 
and Associated Management Measures for the Groundfish Fisheries Off 
Alaska (66 FR 7276, January 22, 2001) are adjusted to read as follows:

[[Page 17088]]



 Table 24.--Final 2001 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC Limit For Hook-and-Line Gear Is Allocated To
 the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR. The Hook-and-Line Sablefish Fishery Is Exempt From Halibut PSC Limits. (Values
                                                                       are in mt.)
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                                 Trawl gear                                                               Hook-and-line gear
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                                                                                               Other than DSR                              DSR
                           Dates                                 Amount     ----------------------------------------------------------------------------
                                                                                      Dates                    Amount              Dates        Amount
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Jan 1-Apr 1                                                      550 ( 28%)             Jan 1-May 17                205 (70%)     Jan 1-Dec    10 (100%)
                                                                                                                                         31
Apr 1-Jun 10                                                     400 ( 20%)            May 17-Aug 31             Any rollover
Jun 10-Jul 1                                                       150 (7%)            Aug 31-Dec 31                 85 (30%)
Jul 1-Oct 1                                                       600 (30%)
Oct 1-Dec 31                                                      300 (15%)
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Total                                                          2,000 (100%)                                        290 (100%)                  10 (100%)
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    Table 25 - Final 2001 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-Water
                   Species Complex and the Shallow-Water Species Complex. (Values are in mt.)
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                    Season                         Shallow-water        Deep-water                Total
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Jan. 20-Apr. 1                                                450                 100                       550
Apr. 1-Jun. 10                                                100                 300                       400
Jun. 10-Jul. 1                                                150                   0                       150
Jul. 1-Oct. 1                                                 200                 400                       600
Subtotal
Jan. 20-Sep. 30                                               900                 800                     1,700
Oct. 1-Dec. 31                                                                                              300
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Total                                                                                                     2,000
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No apportionment between shallow-water and deep-water fishery complexes during the 4th quarter.

Classification

    The Administrator, Alaska Region (Regional Administrator), NMFS, 
has determined that this rule is necessary for the conservation and 
management of the groundfish fisheries of the BSAI and GOA. The 
Regional Administrator also determined that this rule is consistent 
with the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This rule contains no reporting, 
recordkeeping, or compliance requirements, and no relevant Federal 
rules exist which may duplicate, overlap, or conflict with this rule.
    This adjustment must be implemented immediately to avoid foregone 
catch in the A season GOA Pacific cod fishery. GOA Pacific cod is 
typically harvested in the first 3 months of the year. By increasing 
the amount of halibut PSC available in the first few months of the 
year, this adjustment will accommodate the new Pacific cod seasons and 
optimize the harvest of Pacific cod. Therefore, NMFS finds that good 
cause exists 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 optimize 
the harvest of GOA Pacific cod 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.
    Because prior notice and opportunity for public comment are not 
required for this final rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable. Thus no initial or final regulatory 
flexibility analysis has been prepared.

    Dated: March 23, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-7667 Filed 3-23-01; 4:30 pm]
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