[Federal Register Volume 66, Number 168 (Wednesday, August 29, 2001)]
[Rules and Regulations]
[Pages 45635-45636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21829]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 082301D]


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.

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

[[Page 45636]]

category by vessels using trawl gear in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding 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.), August 24, 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 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), was established by the Final 
2001 Harvest Specifications and Associated Management Measures for the 
Groundfish Fisheries Off Alaska (66 FR 7276, January 22, 2001) as 854 
metric tons.
    In accordance with Sec. 679.21 (e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that 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 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: August 24, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-21829 Filed 8-24-01; 4:23 pm]
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