[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Rules and Regulations]
[Pages 55128-55129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27448]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 102901A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in Bycatch Limitation Zone 1 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 closing directed fishing for yellowfin sole by vessels 
using trawl gear in Bycatch Limitation Zone 1 (Zone 1) of the Bering 
Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2001 bycatch allowance of red king 
crab specified for the trawl yellowfin sole fishery category in Zone 1.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 29, 
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 red king crab bycatch allowance specified for Zone 1 of 
the BSAI trawl yellowfin sole fishery category, which is defined at 
Sec. 679.21(e)(3)(iv)(B)(1), is 11,664 animals (66 FR 7276, January 22, 
2001 and 66 FR 37167, July 17, 2001).
    In accordance with Sec. 679.21(e)(7)(ii), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2001 
bycatch allowance of red king crab specified for the trawl yellowfin 
sole fishery in Zone 1 of the BSAI has been caught. Consequently, the 
Regional Administrator is closing directed fishing for yellowfin sole 
by vessels using trawl gear in Zone 1 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 avoid 
exceeding the red king crab bycatch allowance for the yellowfin sole 
fishery category 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 at 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 red king crab 
bycatch allowance for the yellowfin

[[Page 55129]]

sole 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: October 29, 2001.
Bruce C. Morehead
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-27448 Filed 10-29-01; 4:04 pm]
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