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###### Department of Commerce

###### National Oceanic and Atmospheric Administration 

          - 50 CFR Part 679
          - [Docket No. 010112013-1013-01; I.D. 052501F]

# AGENCY:

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

# ACTION: 

Closure.

# SUMMARY:

NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA), except for vessels fishing for pollock using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock.  This action is necessary because the second seasonal apportionment of the 2001 halibut bycatch allowance specified for the trawl shallow-water species fishery in the GOA has been caught. 

# DATES:

Effective 1200 hrs, Alaska local time (A.l.t.), May 26, 2001, until 1200 hrs, A.l.t., June 10, 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 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 Pacific halibut bycatch allowance for the GOA trawl shallow-water species fishery, which is defined at § 679.21(d)(3)(iii)(A), was established by the Final 2001 Harvest Specifications and Associated Management Measures for the Groundfish Fisheries Off Alaska (66 FR 7276, January 22, 2001) for the second season, the period April 1, 2001, through June 10, 2001, as 100 metric tons.  The GOA trawl shallow-water species fishery was closed under § 679.20(d)(7)(i) on March 27, 2001 (66 FR 21886, May 2, 2001) and reopened on May 21, 2001 (66 FR 28679, May 24, 2001). 

In accordance with § 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has determined that the second seasonal apportionment of the 2001 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 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:  May 25, 2001.

Richard W. Surdi.

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

[FR Doc. 01-13660 Filed 5-25-01; 3:33 pm]

BILLING CODE  3510-22-S