Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29511

NMFS has determined that, under 5

U.S.C. 553(b)(B), there is good cause to

waive the requirement for prior notice

and an opportunity for public comment

on this temporary rule as such

procedures would be impracticable and

contrary to the public interest. Given the

public interest in affording vessel

owners adequate time to make necessary

permit category changes, further delay

in the implementation of this action to

provide an opportunity for public

comment would be impracticable and

contrary to the public interest.

Because this temporary rule relieves a

restriction, under 5 U.S.C. 553(d)(1) it is

not subject to a 30-day delay in effective

date. NMFS has the ability to rapidly

communicate the new deadline to

fishery participants through its FAX

network and HMS Information Line.

Because prior notice and opportunity

for public comment for this temporary

rule is not required under 5 U.S.C. 553

or by any other law, it is not subject to

the analytical requirements of the

Regulatory Flexibility Act. Accordingly,

a Regulatory Flexibility Analysis has not

been was not prepared.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels,

Foreign relations, Intergovernmental

relations, Penalties, Reporting and

recordkeeping requirements, Statistics,

Treaties.

Dated: May 25, 2001.

Rolland A. Schmitten,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 635 is amended

as follows:

PART 635—ATLANTIC HIGHLY

MIGRATORY SPECIES

1. The authority citation for part 635

continues to read as follows:

Authority: 16 U.S.C. 971 et seq. and 16

U.S.C. 1801 et seq.

2. In § 635.4, paragraph (d)(3) is

suspended and a new paragraph (d)(6)

is added to read as follows:

§ 635.4 Permits and fees.

* * * * *

(d) * * *

(6) Except for purse seine vessels for

which a permit has been issued under

this section, an owner may change the

category of the vessel’s Atlantic tunas or

HMS Charter/Headboat permit to

another category through the automated

call-in permitting system at 888–872–

8862 or through the internet at http://

www.usatuna.com before the specified

deadline. A vessel owner may change

the category of the vessel’s permit no

more than once each year and only from

January 1 through the deadline. After

the deadline through December 31, the

vessel’s permit category may not be

changed, regardless of a change in the

vessel’s ownership. In 2001, the

deadline for category changes is 11:59

p.m. on May 31. In years after 2001, the

deadline for category changes is 11:59

p.m. on May 15.

[FR Doc. 01–13662 Filed 5–25–01; 3:46 pm]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

052501D]

Fisheries of the Economic Exclusive

Zone Off Alaska; Deep-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: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

deep-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA). This action is necessary because

the second seasonal apportionment of

the 2001 Pacific halibut bycatch

allowance specified for the deep-water

species fishery in the GOA has been

caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), May 25, 2001, until 1200

hrs, A.l.t., July 1, 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 Pacific halibut bycatch allowance

for the GOA trawl deep-water species

fishery, which is defined at §

679.21(d)(3)(iii)(B), 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 300 metric

tons.

In accordance with § 679.21(d)(7)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2001 Pacific

halibut bycatch allowance specified for

the trawl deep-water species fishery in

the GOA has been caught.

Consequently, NMFS is prohibiting

directed fishing for the deep-water

species fishery by vessels using trawl

gear in the GOA. The species and

species groups that comprise the deepwater species fishery are: all rockfish of

the genera Sebastes and Sebastolobus,

deep water flatfish, rex sole, arrowtooth

flounder, and sablefish.

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 deep-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 deep-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 § 679.20

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. 01–13661 Filed 5–25–01; 3:33 pm]

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