[Federal Register Volume 66, Number 84 (Tuesday, May 1, 2001)]
[Rules and Regulations]
[Pages 21691-21692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10864]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 042601A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands 
Management Area

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

ACTION: Closure.

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SUMMARY: NMFS is closing directed fishing for yellowfin sole by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the second 
seasonal apportionment of the 2001 Pacific halibut bycatch allowance 
specified for the trawl yellowfin sole fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 26, 2001, 
until 1200 hrs, A.l.t., May 21, 2001.

ADDRESSES: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

[[Page 21692]]

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 second seasonal apportionment of the 2001 halibut bycatch 
allowance specified for the BSAI trawl yellowfin sole fishery category, 
which is defined at Sec. 679.21(e)(3)(iv)(B)(1), is 196 metric tons 
through May 20 (66 FR 7276, January 22, 2001).
    In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 2001 halibut bycatch allowance specified 
for the trawl yellowfin sole fishery in the BSAI has been caught. 
Consequently, the Regional Administrator is closing directed fishing 
for yellowfin sole by vessels using trawl gear in the BSAI.
    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 that the need to immediately implement this action to avoid 
exceeding the halibut bycatch allowance for the yellowfin sole fishery 
category constitutes good cause to waive the requirement to provide 
prior notice 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 avoid exceeding the halibut bycatch allowance for the 
yellowfin sole fishery category 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 50 CFR 679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 26, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-10864 Filed 4-26-01; 4:30 pm]
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