[Federal Register Volume 66, Number 172 (Wednesday, September 5, 2001)]
[Rules and Regulations]
[Pages 46404-46405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22264]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 083001A]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Eastern Aleutian District and Bering Sea Subarea 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 Atka mackerel with 
gears other than jig in the Eastern Aleutian District and the Bering 
Sea subarea of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2001 total 
allowable catch (TAC) of Atka mackerel in these areas.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 3, 
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 at subpart H of 50 CFR part 600 and CFR part 679.
    The Atka mackerel TAC for non-jig gear in the Eastern Aleutian 
District and the Bering Sea subarea was specified as 7,143 metric tons 
(mt) (66 FR 7276, January 22, 2001). See Sec.  679.20(a)(8)(ii).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the TAC for 
non-jig gear Atka mackerel in the Eastern Aleutian District and the 
Bering Sea subarea will be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 6,943 mt, 
and is setting aside the remaining 200 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

[[Page 46405]]

fishing allowance soon will be reached. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel in the Eastern Aleutian 
District and the Bering Sea subarea 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 
prevent exceeding the 2001 TAC of Atka mackerel in the Eastern Aleutian 
District and the Bering Sea subarea 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 prevent exceeding the 
2001 TAC of Atka mackerel in the Eastern Aleutian District and the 
Bering Sea subarea 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: August 30, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-22264 Filed 8-30-01; 1:58 pm]
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