Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations 21887

Pacific halibut bycatch allowance

specified for the trawl shallow-water

species fishery in the GOA has been

caught. Consequently, NMFS is

prohibiting directed fishing for species

included in the shallow-water species

fishery by vessels using trawl gear in the

GOA, except for vessels fishing for

pollock using pelagic trawl gear in those

portions of the GOA open to directed

fishing for pollock. The species and

species groups that comprise the

shallow-water species fishery are:

Pollock, Pacific cod, shallow-water

flatfish, flathead sole, Atka mackerel,

and ‘‘other species.’’

Maximum retainable bycatch amounts

may be found in the regulations at §

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

exceeding the second seasonal

apportionment of the 2001 Pacific

halibut bycatch allowance specified for

the trawl shallow-water species fishery

in the GOA 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 second

seasonal apportionment of the 2001

Pacific halibut bycatch allowance

specified for the trawl shallow-water

species fishery in the GOA 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 § 679.21

and is exempt from review under

Executive Order 12866.

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

Dated: April 27, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11002 Filed 4–27–01; 4:19 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

042701A]

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

2001 Pacific halibut bycatch allowance

specified for the trawl rock sole/flathead

sole/‘‘other flatfish’’ fishery category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 27, 2001, until 1200

hrs, A.l.t., July 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 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 the 2001 halibut bycatch 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), is 179 metric

tons (66 FR 7276, January 22, 2001).

In accordance with § 679.21(e)(7)(v),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2001 halibut

bycatch 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).

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 rock sole/flathead sole/‘‘other

flatfish’’ 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 rock sole/flathead

sole/‘‘other flatfish’’ 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: April 27, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11003 Filed 4–27–01; 4:19 pm]

BILLING CODE 3510–22–S