[Federal Register Volume 66, Number 240 (Thursday, December 13, 2001)]
[Rules and Regulations]
[Page 64380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30818]



[[Page 64380]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 112301F]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Hook-and-Line Gear in the Bering Sea and Aleutian 
Islands Management Area

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

ACTION: Closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is closing directed fishing for Pacific cod by vessels 
using hook-and-line gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2001 bycatch allowance of halibut specified for the Pacific cod 
hook-and-line gear fishery category in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 10, 
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 50 CFR part 679.
    The 2001 halibut bycatch allowance specified for the Pacific cod 
hook-and-line gear fishery category, which is defined at Sec. 679.21 
(e)(4)(ii)(A), is 755 metric tons (66 FR 7276, January 22, 2001, and 66 
FR 37167, July 17, 2001).
    In accordance with Sec. 679.21 (e)(8), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2001 
bycatch allowance of halibut specified for the Pacific cod hook-and-
line gear fishery category in the BSAI has been caught. Consequently, 
the Regional Administrator is closing directed fishing for Pacific cod 
by vessels using hook-and-line gear in the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Secs. 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 halibut bycatch allowance for the Pacific cod hook-and-
line gear 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 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 halibut bycatch 
allowance for the Pacific cod hook-and-line gear 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: December 7, 2001.
Jonathan M. Kurland,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-30818 Filed 12-10-01; 2:34 pm]
BILLING CODE 3510-22-S