[Federal Register Volume 66, Number 185 (Monday, September 24, 2001)]
[Rules and Regulations]
[Pages 48822-48823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23704]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 091801A]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Central 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 and notice of opening.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Central Aleutian District 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. NMFS is also 
opening fishing with trawl gear in Steller sea lion critical habitat in 
the Central Aleutian District for species for which directed fisheries 
are open.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 18, 
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 
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 at 50 CFR part 679.
    The 2001 Atka mackerel TAC in the Central Aleutian District of the 
BSAI is 31,080 metric tons (mt) as 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).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2001 
Atka mackerel TAC in the Central Aleutian District will be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 30,880 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 fishing allowance soon will be reached. 
Consequently, NMFS is prohibiting directed fishing for Atka mackerel in 
the Central Aleutian District of the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec.  679.20(e) and (f).
    On September 9, 2001, NMFS prohibited trawling within Steller sea 
lion critical habitat in the Central Aleutian District because the 
allowable harvest of Atka mackerel in the Steller Sea lion protection 
areas in the Central Aleutian District had been reached (66 FR 47418, 
September 12, 2001). Regulations at 679.22(a)(12)(iii)(C) authorize 
opening Steller sea lion critical habitat in the Central Aleutian 
District to fishing with trawl gear after NMFS closes Atka mackerel to 
directed fishing within that district. Therefore, NMFS is opening 
critical habitat in the Central Aleutian District to fishing with trawl 
gear for species open to directed fishing.

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 Atka mackerel TAC in the Central Aleutian 
District of the BSAI 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 2001 Atka 
mackerel TAC in the Central

[[Page 48823]]

Aleutian District of the BSAI constitutes good cause to find that the 
effective date of this action cannot be delayed for 30 days. In 
addition, this action relieves a restriction by opening critical 
habitat in the Central Aleutian District to fishing with trawl gear for 
species open to directed fishing. 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 18, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-23704 Filed 9-18-01; 4:18 pm]
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