[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Rules and Regulations]
[Pages 38573-38574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18528]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 071901B]


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish by 
Vessels Using Trawl Gear in the West Yakutat District of the Gulf of 
Alaska

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting retention of sablefish by vessels using 
trawl gear in the West Yakutat District of the Gulf of Alaska (GOA). 
NMFS is requiring that catch of sablefish by vessels using trawl gear 
in this area be treated in the same manner as prohibited species and 
discarded at sea with a minimum of injury. This action is necessary 
because the allocation of the sablefish 2001 total allowable catch 
(TAC) assigned to trawl gear in this area has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 20, 2001, 
until 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 
GOA exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery of the Gulf of 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 CFR part 679.
    The 2001 TAC allocation of sablefish assigned to trawl gear for the 
West Yakutat District was established as 271 metric tons (mt) by the 
Final 2001 Harvest Specifications and Associated Management Measures 
for the Groundfish Fisheries Off Alaska (66 FR

[[Page 38574]]

7276, January 22, 2001 and 66 FR 37167, July 17, 2001).
    In accordance with Sec. 679.20 (d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the allocation of the sablefish TAC 
assigned to trawl gear in the West Yakutat District of the GOA has been 
reached. Therefore, NMFS is requiring that further catches of sablefish 
by vessels using trawl gear in the West Yakutat District of the GOA be 
treated as prohibited species in accordance with Sec. 679.21(b).

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 
prevent overharvesting the allocation of the sablefish TAC assigned to 
trawl gear in the West Yakutat District of the GOA 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 prevent overharvesting 
the allocation of the sablefish TAC assigned to trawl gear for the West 
Yakutat District of the GOA 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. 01-18528 Filed 7-20-01; 3:35 pm]
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