[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Rules and Regulations]
[Page 21887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11003]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 042701A]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category 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.

-----------------------------------------------------------------------

SUMMARY: NMFS is closing directed fishing for species in the rock sole/
flathead sole/``other flatfish'' fishery category 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 rock sole/flathead sole/``other flatfish'' 
fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 27, 2001, 
until 1200 hrs, A.l.t., July 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 second seasonal apportionment of the 2001 halibut bycatch 
allowance specified for the BSAI trawl rock sole/flathead sole/``other 
flatfish'' fishery category, which is defined at 
Sec. 679.21(e)(3)(iv)(B)(2), is 179 metric tons (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 rock sole/flathead sole/``other flatfish'' fishery in the 
BSAI has been caught. Consequently, the Regional Administrator is 
closing directed fishing for species in the rock sole/flathead sole/
``other flatfish'' fishery category 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 rock sole/flathead sole/
``other flatfish'' fishery category 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 avoid exceeding the halibut bycatch 
allowance for rock sole/flathead sole/``other flatfish'' 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 27, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-11003 Filed 4-27-01; 4:19 pm]
BILLING CODE 3510-22-S