Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25671

action allows shrimp fishing to continue

in the affected area and informs

fishermen of the gear changes that they

can make to protect leatherback sea

turtles.

Pursuant to 5 U.S.C. 553(b)(B), the AA

finds that there is good cause to waive

prior notice and opportunity to

comment on this action. It would be

contrary to the public interest to provide

prior notice and opportunity for

comment because providing notice and

comment would prevent the agency

from implementing the necessary action

in a timely manner to protect the

endangered leatherback. Notice and

opportunity to comment on the

leatherback closure procedures was

provided through the rulemaking

establishing the closure procedures (60

FR 25663, May 12, 1995).

Pursuant to 5 U.S.C. 552(d)(3), the AA

finds that there is good cause not to

delay the effective date of this rule for

30 days. It would be contrary to the

public interest to delay this action

because such delay would prevent the

agency from implementing the

necessary action in a timely manner to

protect the endangered leatherback.

Accordingly, the AA is making the rule

effective April 27, 2000 through May 11,

2000. This closure has been announced

on the NOAA weather channel, in

newspapers, and other media. Shrimp

trawlers may also call (727) 570–5312

for updated area closure information.

As prior notice and an opportunity for

public comment are not required to be

provided for this notification by 5

U.S.C. 553, or by any other law, the

analytical requirements of 5 U.S.C. 601

et seq., are inapplicable.

The AA prepared an Environmental

Assessment (EA) for the final rule

requiring TED use in shrimp trawls and

the regulatory framework for the

Leatherback Conservation Zone (60 FR

47713, September 14, 1995). Copies of

the EA are available (see ADDRESSES).

Dated: April 27, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–10922 Filed 4–27–00; 4:49 pm]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000211040–0040–01; I.D.

042800A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species in the Rock

sole/Flathead sole/‘‘Other flatfish’’

Fishery Category by Vessels Using

Trawl Gear in 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 species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery

category by vessels using trawl gear in

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the

second seasonal apportionment of the

2000 halibut bycatch mortality

allowance specified for the trawl rock

sole/flathead sole/‘‘other flatfish’’

fishery category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 30, 2000, until 1200

hrs, A.l.t., July 4, 2000.

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 second seasonal apportionment

of halibut bycatch mortality allowance

specified for the BSAI trawl rock sole/

flathead sole/‘‘other flatfish’’ fishery

category, which is defined at

§ 679.21(e)(3)(iv)(B)(2), was established

as 168 metric tons by the Final 2000

Harvest Specifications for Groundfish

(65 FR 8282, February 18, 2000).

In accordance with § 679.21(e)(7)(v),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2000 halibut

bycatch mortality allowance specified

for the trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery in the BSAI has

been caught. Consequently, the Regional

Administrator is closing directed fishing

for species in the rock sole/flathead

sole/‘‘other flatfish’’ fishery category by

vessels using trawl gear in the BSAI.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

exceeding the second seasonal

apportionment of the 2000 halibut

bycatch mortality allowance specified

for the trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery category.

Providing prior notice and an

opportunity for public comment on this

action is impracticable and contrary to

the public interest. The fleet will soon

take the apportionment. Further delay

would only result in the second

seasonal apportionment of the 2000

halibut bycatch mortality allowance

being exceeded. NMFS finds for good

cause that the implementation of this

action cannot be delayed for 30 days.

Accordingly, under U.S.C. 553(d), a

delay in the effective date is hereby

waived.

Classification

This action is required by 50 CFR

679.21 and is exempt from review under

E.O. 12866.

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

Dated: April 28, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–10990 Filed 4–28–00; 12:54 pm]

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