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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 679
          - [Docket No. 010112013-1013-01; I.D. 052301F]

# AGENCY:

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

# ACTION:

Closure.

# SUMMARY:

NMFS is prohibiting directed fishing for Pacific cod by the offshore component in the Western Regulatory Area of the Gulf of Alaska (GOA).  This action is necessary to prevent exceeding the Pacific cod A season allowance specified for the offshore component in the Western Regulatory Area.

# DATES:

Effective 1200 hrs, Alaska local time (A.l.t.), May 24, 2001, until 2400 hrs, A.l.t., June 10, 2001.

# FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 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 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 A season Pacific cod TAC apportioned to vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the GOA is 1,098 metric tons                           ( print page 29242)                        (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).  The fishery by vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area was closed under § 679.20(d)(1)(i) on April 26, 2001 (66 FR 21691, May 1, 2001) and reopened on May 18, 2001 (66 FR 28132, May 22, 2001).                 

In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2001 A season Pacific cod TAC apportioned to vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the GOA will soon be reached.  Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,088 mt, and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries.  In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will soon be reached.  Consequently, NMFS is prohibiting directed fishing for the Pacific cod TAC apportioned to vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the GOA. 

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 Pacific cod A season allowance specified for the offshore component in the Western Regulatory Area of the GOA 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 to prevent exceeding the Pacific cod A season allowance in the Western Regulatory Area of 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 § 679.20 and is exempt from review under Executive Order 12866.

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

Dated:  May 24, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service

[FR Doc. 01-13517 Filed 5-24-01; 3:13 pm]

BILLING CODE  3510-22-S