23196 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

050101A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Sharpchin and

Northern Rockfish in the Bering Sea

Subarea of 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 prohibiting retention

of sharpchin and northern rockfish in

the Bering Sea subarea of the Bering Sea

and Aleutian Islands management area

(BSAI). NMFS is requiring that catch of

sharpchin and northern rockfish in this

area be treated in the same manner as

prohibited species and discarded at sea

with a minimum of injury. This action

is necessary because the amount of the

2001 total allowable catch (TAC) of

sharpchin and northern rockfish in this

area has been achieved.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), May 4, 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 amount of the 2001 TAC of

sharpchin and northern rockfish in the

Bering Sea subarea of the BSAI was

established as 16 metric tons by the

Final 2001 Harvest Specifications and

Associated Management Measures for

the Groundfish Fisheries Off Alaska (66

FR 7276, January 22, 2001).

In accordance with § 679.20(d)(2), the

Administrator, Alaska Region, NMFS,

has determined that the amount of the

2001 TAC for sharpchin and northern

rockfish in the Bering Sea subarea of the

BSAI has been achieved. Therefore,

NMFS is requiring that further catches

of sharpchin and northern rockfish in

the Bering Sea subarea of the BSAI be

treated as prohibited species in

accordance with § 679.21(b).

Classification

This action responds to the best

available information recently obtained

from the fishery. The Assistant

Administrator for Fisheries, NOAA,

finds the need to immediately

implement this action because the fact

that the amount of the 2001 TAC for

sharpchin and northern rockfish in the

Bering Sea subarea of the BSAI has been

achieved 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 because the amount of the 2001

TAC for sharpchin and northern

rockfish in the Bering Sea subarea of the

BSAI has been achieved 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 § 679.20

and is exempt from review under

Executive Order 12866.

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

Dated: May 2, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11546 Filed 5–3–01; 2:39 pm]

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