[Federal Register Volume 66, Number 193 (Thursday, October 4, 2001)]
[Rules and Regulations]
[Pages 50576-50577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24786]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 092801A]


Fisheries of the Exclusive Economic Zone Off Alaska; Sharpchin 
and Northern Rockfish in the Aleutian Islands Subarea of the Bering Sea 
and Aleutian Islands Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Fishery closure.

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SUMMARY: NMFS closes directed fishing for Atka mackerel in the Aleutian 
Islands subarea of the Bering Sea and Aleutian Islands management area 
(BSAI) by vessels using trawl gear not fishing for a Community 
Development Quota (CDQ). This action is necessary to prevent 
overfishing of the sharpchin/northern rockfish species group.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 30, 
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 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 Magnuson-Stevens Fishery Conservation and Management Act 
requires that conservation and management measures prevent overfishing. 
The 2001 overfishing level for the sharpchin/northern rockfish species 
group in the BSAI is 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) as 9,020 metric tons (mt). The acceptable biological 
catch (ABC) is established as 6,764 mt and in the Aleutian Islands 
subarea the non-CDQ total allowable catch (TAC) is established as 5,733 
mt. The Administrator, Alaska Region, (Administrator) NMFS estimates 
that as

[[Page 50577]]

of September xx, 2001, the non-CDQ TAC of sharpchin/northern rockfish 
will be caught.
    NMFS closed directed fishing for sharpchin/northern rockfish in 
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). Substantial trawl fishing effort was 
directed at harvesting non-CDQ Atka mackerel in the Aleutian Islands 
subarea during 2001. This fishery has significant bycatch of sharpchin/
northern rockfish, averaging about 120 mt per day during the week 
ending September 29, 2001. Data from the groundfish observer program 
also indicates that high bycatch rates of sharpchin/northern rockfish 
are experienced in the Atka mackerel fishery and range from 15 percent 
to 40 percent. These high rates are inherent in the directed Atka 
mackerel fishery and will not be reduced if fishermen were only 
prohibited from retaining sharpchin/northern rockfish pursuant to 
Sec. 679.20 (d)(2). If the trawl non-CDQ Atka mackerel fishery were 
allowed to continue beyond September 30, 2001, the ABC for sharpchin/
northern rockfish would be significantly exceeded.
    The Administrator has determined, in accordance with Sec. 679.20 
(d)(3) that closing the directed fishery for non-CDQ Atka mackerel by 
vessels using trawl gear is necessary to prevent overfishing of the 
sharpchin/northern rockfish species group, and is the least restrictive 
measure to achieve that purpose. Without this directed fishery closure, 
significant incidental catch of sharpchin/northern rockfish would occur 
by trawl vessels targeting non-CDQ Atka mackerel.
    Maximum retainable bycatch amounts for Atka mackerel 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 overfishing of sharpchin/northern rockfish in the Aleutian 
Islands 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 overfishing of sharpchin/
northern rockfish in the Aleutian Islands 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: September 28, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-24786 Filed 9-28-01; 4:04 pm]
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