[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Rules and Regulations]
[Pages 39119-39120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18695]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water 
Species Fishery by Vessels Using Trawl Gear in 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 directed fishing for species that comprise 
the deep-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA). This action is necessary because the third seasonal 
apportionment of the 2001 Pacific halibut bycatch allowance specified 
for the deep-water species fishery in the GOA has been caught.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 23, 2001, 
until 1200 hrs, A.l.t., October 1, 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 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 Pacific halibut bycatch allowance for the GOA trawl deep-water 
species fishery, which is defined at Sec. 679.21(d)(3)(iii)(B), was 
established by the Final 2001 Harvest Specifications and Associated 
Management Measures for the Groundfish Fisheries Off Alaska (66 FR 
7276, January 22, 2001, and 66 FR 37167, July 17, 2001) for the third 
season, the period July 1, 2001, through October 1, 2001, as 400 metric 
tons.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the third 
seasonal apportionment of the 2001 Pacific halibut bycatch allowance 
specified for the trawl deep-water species fishery in the GOA has been 
caught. Consequently, NMFS is prohibiting directed fishing for the 
deep-water

[[Page 39120]]

species fishery by vessels using trawl gear in the GOA. The species and 
species groups that comprise the deep-water species fishery are: All 
rockfish of the genera Sebastes and Sebastolobus, deep-water flatfish, 
rex sole, arrowtooth flounder, and sablefish.
    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 
prevent exceeding the third seasonal apportionment of the 2001 Pacific 
halibut bycatch allowance specified for the trawl deep-water species 
fishery in 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 exceeding the third seasonal 
apportionment of the 2001 Pacific halibut bycatch allowance specified 
for the trawl deep-water species fishery in 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 23, 2001.
Bruce C. Morehead,
Acting Office Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 01-18695 Filed 7-23-01; 4:10 pm]
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