Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations 28679

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

051601A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species that

Comprise the Shallow-Water Species

Fishery by Vessels Using Trawl Gear in

the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed

fishing for species that comprise the

shallow-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA). This action is necessary to fully

use the second seasonal apportionment

of the 2001 halibut bycatch allowance

specified for the trawl shallow-water

species fishery in the GOA.

DATES: Effective 1200 hrs, Alaska local

time, May 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens 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 trawl shallow-water

species fishery in the GOA is 100 metric

tons (mt) as established by the Final

2001 Harvest Specifications and

Associated Management Measures for

the Groundfish Fisheries Off Alaska (66

FR 7276, January 22, 2001).

NMFS closed the directed fishery for

species that comprise the shallow-water

species fishery by vessels using trawl

gear in the Gulf of Alaska under §

679.20(d)(7)(i) on April 27, 2001 (66 FR

21886, May 2, 2001).

NMFS has determined that

approximately 51 mt remain in the

second seasonal apportionment.

Therefore, NMFS is terminating the

previous closure and is opening

directed fishing for species that

comprise the shallow-water species

fishery by vessels using trawl gear in the

GOA.

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 allow full use

of the second seasonal apportionment of

the 2001 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 allow full use of the second

seasonal apportionment of the 2001

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. In

addition, this action relieves a

restriction on the species that comprise

the shallow-water species fishery by

vessels using trawl gear in the Gulf of

Alaska. 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 17, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–13073 Filed 5–18–01; 3:57 pm]

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