[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Rules and Regulations]
[Page 38574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18526]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 072001A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Western Aleutian District of the Bering Sea and 
Aleutian Islands

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Western Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2001 total allowable catch (TAC) of Pacific ocean perch in this 
area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 21, 2001, 
through 2400 hrs, A.l.t., December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 TAC of Pacific ocean perch for the Western Aleutian 
District was established as 4,385 metric tons (mt) 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 TAC 
for Pacific ocean perch in the Western Aleutian District will be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 3,585 mt, and is setting aside the 
remaining 800 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 has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
ocean perch 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).

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 2001 TAC of Pacific ocean perch for the Western Aleutian 
District of the BSAI 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 2001 TAC of Pacific ocean perch 
for 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 20, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-18526 Filed 7-20-01; 3:35 pm]
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