[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Rules and Regulations]
[Page 47418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22903]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 090701B]


Fisheries of the Exclusive Economic Zone Off Alaska; Trawling in 
Steller Sea Lion Protection Areas in the Central Aleutian District of 
the 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 prohibiting trawling within Steller sea lion 
protection areas in the Central Aleutian District of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the B season critical habitat limit of the 2001 total 
allowable catch (TAC) of Atka mackerel allocated to the Central 
Aleutian District.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 9, 
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 B season apportionment of TAC for Atka mackerel in the 
Central Aleutian District is 15,540 metric tons (mt), of which no more 
than 7,148 mt may be harvested from Steller Sea lion protection areas 
(66 FR 7276, January 22, 2001 and 66 FR 37167, July 17, 2001). See 
Secs. 679.20 (a)(8)(ii)(A) and 679.22 (a)(12)(iii)(B).
    In accordance with Sec. 679.22 (a)(12)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
allowable harvest of Atka mackerel in the Steller Sea lion protection 
areas in the Central Aleutian District has been reached. Consequently, 
NMFS is prohibiting trawling in selected rookery and haul out sites, as 
defined at Table 21 of 50 CFR 679.22 and described at 50 CFR 679.22 
(a)(12)(iii)(A) in the Central Aleutian District of the BSAI.

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 amount of the 2001 Atka mackerel critical habitat 
limit in the Central 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 prevent exceeding the 
2001 Atka mackerel critical habitat limit in the Central 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 Secs. 679.20 and 679.22 and is exempt 
from review under Executive Order 12866.

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

    Dated: September 7, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-22903 Filed 9-7-01; 3:17 pm]
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