Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 31845

Conservation and Management Act (16

U.S.C. 1801 et seq.) governing the

harvest of BFT by persons and vessels

subject to U.S. jurisdiction are found at

50 CFR part 635.

Implementing regulations for the

Atlantic tuna fisheries at § 635.23 set the

daily retention limits for the BFT

recreational fishery and allow for

adjustments to the daily retention limits

in order to provide for maximum

utilization of the quota over the longest

possible period of time. NMFS may

increase or reduce the per angler

retention limit for any size class BFT or

may change the per angler limit to a per

boat limit or the per boat limit to a per

angler limit. Size class categories of BFT

are defined as follows: school size BFT

measure 27 to less than 47 inches (69 to

less than 119 cm) curved fork length

(CFL); large school BFT measure 47 to

less than 59 inches (119 to less than 150

cm) CFL; small medium BFT measure

59 to less than 73 inches (150 to less

than 185 cm) CFL; large medium BFT

measure 73 to less than 81 inches (185

to less than 206 cm) CFL; and giant BFT

measure 81 inches or greater (206 cm or

greater) CFL.

A recommendation of the

International Commission for the

Conservation of Atlantic Tunas (ICCAT)

requires that NMFS limit the catch of

school BFT to no more than 8 percent

by weight of the total domestic landings

quota over each 4-consecutive-year

period. NMFS is implementing this

ICCAT recommendation through annual

and inseason adjustments to the school

BFT retention limits, as necessary, and

through the establishment of a school

BFT reserve (64 FR 29090, May 28,

1999; 64 FR 29806, June 3, 1999).

The ICCAT recommendation allows

for interannual adjustments for

overharvests and underharvests,

provided that the 8-percent landings

limit is met over the applicable 4-

consecutive-year period. The 2001

fishing year is the third year in the

current accounting period. This multiyear block quota approach provides

NMFS with the flexibility to enhance

fishing opportunities and to collect

information on a broad range of BFT

size classes.

Regulations at 50 CFR 635.23(b)

restrict vessels fishing under the BFT

Angling category quota to one BFT per

vessel per day, which may be from the

school, large school, or small medium

category and, in addition, one large

medium or giant BFT per vessel per

year. This retention limit is subject to

adjustment to provide for maximum

utilization of the quota and enhanced

fishing opportunities over the range of

the recreational fisheries. NMFS has

received comment from BFT fishermen

that the implementation of an increased

daily retention limit over a date-certain

period is preferable to a longer season

with a lower daily retention limit as it

facilitates the scheduling of fishing

trips, particularly charter trips.

Since the beginning of the fishing year

on June 1, 2001, the default Angling

category daily retention limit at 50 CFR

635.23(b) has been in effect and applies

until the effective date of this catch

limit adjustment. Effective June 15

through October 31, 2001, NMFS adjusts

the recreational fishing daily retention

limit for all fishing areas to four BFT in

any combination of the school, large

school, or small medium size classes.

This limit applies to all vessels

permitted in the Atlantic Tunas Angling

category and to vessels permitted in the

Atlantic HMS Charter/Headboat

category.

From November 1, 2001, through May

31, 2002, the daily retention limit for all

vessels fishing under the Angling

category quota will be adjusted to one

large school or small medium BFT per

vessel. Regardless of the length of the

trip, no more than a single day’s

allowable catch may be possessed or

retained.

NMFS selected the daily retention

limit and the duration of the daily

retention limit adjustment after

examining past catch and effort rates

and the available quota for 2001. NMFS

will continue to monitor the Angling

category fishery closely through the

Automated Landings Reporting System,

the state harvest tagging programs in

North Carolina and Maryland, and the

Large Pelagics Survey. Depending on

the level of fishing effort and catch rates

of BFT, NMFS may determine that an

interim closure or an additional

retention limit adjustment is necessary

to enhance scientific data collection

from, and fishing opportunities in, all

geographic areas. Additionally, NMFS

may determine that an allocation from

the school BFT reserve is warranted to

further fishery management objectives.

Closures or subsequent adjustments to

the daily retention limit, if any, will be

announced through publication in the

Federal Register. In addition, anglers

may call the Atlantic Tunas Information

Line at (888) 872–8862 or (978) 281–

9305 for updates on quota monitoring

and retention limit adjustments. Anglers

aboard Atlantic HMS Charter/Headboat

category vessels, when engaged in

recreational fishing for school, large

school, and small medium BFT, are

subject to the same rules as anglers

aboard Angling category vessels.

All BFT landed under the Angling

category quota must be reported within

24 hours of landing to the NMFS

Automated Landings Reporting System

via toll-free phone at (888)872–8862; or

the Internet (www.nmfspermits.com);

or, if landed in the states of North

Carolina or Maryland, to a reporting

station prior to offloading. Information

about these state harvest tagging

programs, including reporting station

locations, can be obtained in North

Carolina by calling (800) 338–7804, and

in Maryland by calling (410) 213–1531.

In addition, anglers aboard permitted

vessels may continue to tag and release

BFT of all sizes under a tag-and-release

program, provided the angler tags all

BFT so caught, regardless of whether

previously tagged, with conventional

tags issued or approved by NMFS,

returns such fish to the sea immediately

after tagging with a minimum of injury,

and reports the tagging, and, if the BFT

was previously tagged, the information

on the previous tag (50 CFR 635.26).

Classification

This action is taken under 50 CFR

635.23(b)(3). This action is exempt from

review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq. and 1801

et seq.

Dated: June 8, 2001.

Samuel W. McKeen,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–14921 Filed 6–8–01; 4:20 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1139–04; I.D.

011101B]

RIN 0648–A082

Fisheries of the Exclusive Economic

Zone Off Alaska; Steller Sea Lion

Protection Measures for the

Groundfish Fisheries off Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Amendments to an emergency

interim rule; request for comments.

SUMMARY: NMFS amends an emergency

interim rule implementing 2001 Steller

sea lion protection measures. These

modifications prohibit directed fishing

for Pacific cod by specified vessels until

the July 17, 2001, expiration of that

emergency interim rule. It is expected

31846 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

that NMFS will undertake further

rulemaking by that date to establish new

fishing seasons for the Pacific cod

fisheries and other Steller sea lion

protection measures for the second half

of 2001. This current action is intended

to provide for orderly implementation of

2001 Steller sea lion protection

measures and is necessary to manage

the groundfish fisheries off Alaska in a

manner that continues to provide

protection to Steller sea lions and their

critical habitat in accordance with the

Endangered Species Act (ESA), the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and Pub. L.

106–554.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), June 10, 2001, through July

17, 2001. Comments must be received

July 9, 2001.

ADDRESSES: Comments may be sent to

Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries

Division, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK, 99802, Attn:

Lori Gravel, or delivered to room 401 of

the Federal Building, 709 West 9th

Street, Juneau, AK. Comments will not

be accepted if submitted via e-mail or

Internet.

Copies of the November 30, 2000,

Biological Opinion and Incidental Take

Statement on Authorization of the

Bering Sea and Aleutian Islands (BSAI)

groundfish fisheries, based on the

Fishery Management Plan for the

Groundfish Fisheries of the Bering Sea

and Aleutian Islands and Authorization

of the GOA groundfish fisheries, based

on the Fishery Management Plan for

Groundfish of the Gulf of Alaska

(Comprehensive Biological Opinion),

including the Reasonable and Prudent

Alternative (RPA), may be obtained

from the same address. The

Comprehensive Biological Opinion is

also available on the NMFS Alaska

Region home page at http://

www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Sue

Salveson, NMFS, 907–586–7228 or email at sue.salveson@noaa.gov

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fisheries in the

exclusive economic zone off Alaska

under the Fishery Management Plan for

the Groundfish Fisheries of the Bering

Sea and Aleutian Islands Area and the

Fishery Management Plan for

Groundfish of the Gulf of Alaska

(FMPs). The North Pacific Fishery

Management Council (Council)

prepared the FMPs under the authority

of the Magnuson-Stevens Act, 16 U.S.C.

1801, et seq. Regulations governing U.S.

fisheries and implementing the FMPs

appear at 50 CFR parts 600 and 679.

NMFS also has management

responsibility for certain threatened and

endangered species, including Steller

sea lions, under the ESA, 16 U.S.C.

1531, et seq., and the authority to

promulgate regulations to enforce

provisions of the ESA to protect such

species.

Background

On January 22, 2001, NMFS

published an emergency rule that

established 2001 harvest specifications

for the BSAI and GOA groundfish

fisheries and implemented 2001 Steller

sea lion protection measures for these

fisheries (66 FR 7276). These protection

measures initiated a 1-year phase-in of

the RPA developed in the

Comprehensive Biological Opinion (see

ADDRESSES) as directed under section

209 of Pub. L. 106–554. This law was

signed by the President on December 21,

2000, and was intended to provide for

independent scientific review and

additional public and Council

assessment of the Comprehensive

Biological Opinion and the RPA prior to

full implementation of the RPA in 2002.

NMFS determined that the 2001

protection measures provided a

sufficient degree of protection to

endangered Steller sea lions during the

1-year phase-in period, were consistent

with the intended purpose of the RPA,

and allowed for the review or

assessment called for in the ESA, and

with section 209 of Pub. L. 106–554.

The January 22, 2001, emergency rule

extended the Steller sea lion protection

measures that were in place during 2000

for the BSAI Atka mackerel fisheries

and the BSAI and GOA pollock

fisheries. The emergency rule also

implemented several new measures,

including two fishing seasons for GOA

Pacific cod and for non-Community

Development Quota (CDQ) Pacific cod

in the BSAI. A complete description and

justification of the 2001 Steller sea lion

protection measures is discussed in the

preamble to the January 22, 2001,

emergency rule (66 FR 7276).

On March 23, 2001, NMFS amended

the emergency rule to change fishing

restrictions on vessels fishing for

groundfish off Alaska with jig gear and

on vessels less than 60 ft (18.3 meters

(m)) length overall (LOA) fishing for

BSAI Pacific cod with hook-and-line or

pot gear (66 FR 17083, March 29, 2001).

On March 20, 2001, NMFS also issued

a correction to the January 22, 2001,

emergency rule that addressed various

technical and editorial errors (66 FR

15656, March 20, 2001).

As mentioned previously, the January

22, 2001, emergency rule established

two fishing seasons for the BSAI and

GOA Pacific cod fisheries, January 1 to

June 10 (60 percent of the total

allowable catch (TAC)), and June 10 to

December 31 (40 percent of the TAC),

except that directed fishing for Pacific

cod with trawl gear was prohibited after

October 31, 2001. The March 23, 2001,

emergency rule removed the season

restrictions for the BSAI jig gear

fisheries and BSAI vessels less than 60

ft (18.3 m) LOA using pot or hook-andline gear. Separate allocations of the

BSAI Pacific cod TAC are established

for these two groups of vessels under

§ 679.20(a)(7)(i)(C) that facilitated

separate seasonal fishing restrictions of

this species. Justification for this relief

of seasonal harvest constraints is

discussed in the preamble to the March

23, 2001, emergency rule (66 FR 17083).

At its April 2001 meeting, the Council

requested NMFS to issue an emergency

rule establishing modified Steller sea

lion protection measures for the second

half of 2001 that would be implemented

at the expiration of the January 22, 2001,

emergency rule on July 17, 2001. NMFS

is in the process of reviewing the

Council’s recommendation.

In addition to recommending

measures for the second half of 2001,

the Council, at its April meeting,

requested NMFS delay the June 10

opening date of the GOA Pacific cod

fishery and the BSAI Pacific cod fishery

by vessels greater than 60 ft (18.3 m)

LOA using pot or hook-and-line gear.

The Council’s request was intended to

promote management of the Alaska

Pacific cod fisheries in a manner that

would maintain the objective of 2001

Steller sea lion protection measures to

avoid localized depletion of Pacific cod

through temporal and spatial

distribution of the directed fisheries for

this species. The Council’s requested

season delays also would address

salmon and Pacific halibut bycatch

concerns. Other fishery management

concerns addressed included poor

product recovery and quality in summer

months; competition with summer

salmon fisheries for processing

facilities; potential gear conflicts

between pot and trawl gear fleets; and

coordination between BSAI Pacific cod

fisheries within the CDQ and non-CDQ

sectors. Regulations to prohibit directed

fishing for Pacific cod in the GOA and

in the BSAI by vessels equal to or

greaater than 60 ft (18.3) LOA using pot

or hook-and-line gear must be effective

by June 10, 2001, to meet the intent of

the Council and to avoid industry

confusion and a race for available

Pacific cod TAC on this date.

The Pacific cod seasons adopted by

the Council and approved by NMFS

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 31847

under this amendment to the January

22, 2001, emergency interim rule

impose no seasonal harvest constraints

for vessels fishing in the BSAI using jig

gear, for vessels less than 60 ft LOA

using pot or hook-and-line gear, or for

vessels participating in the CDQ

fisheries. These vessels were addressed

in the March 23 amendment to the

January 22 emergency rule. The

Council’s recommended start dates for

the second Pacific cod season in 2001

for other Pacific cod sectors are listed

here:

PACIFIC COD FISHERY SECTOR* SECOND SEASON OPENING DATE OF

DIRECTED FISHING FOR PACIFIC

COD

June 10 August 15 September

1

Gulf of Alaska All gear types X

Bering Sea and Aleutian Islands–All trawl X

Bering Sea and Aleutian Islands Pot vessels ≥60 ft LOA X

Bering Sea and Aleutian Islands Vessels ≥ 60 ft LOA using hook-and-line gear X

* Seasonal harvest constraints are not established for BSAI vessels using jig gear, BSAI vessels less than 60 ft (18.3 m) LOA using pot or

hook-and-line gear, or for vessels participating in the CDQ fisheries.

The purpose of this amendment to the

existing emergency interim rule is to

support the Council’s management

intentions for the Pacific cod season

delays through prohibitions on directed

fishing for Pacific cod by specified

vessels as of June 10. These closures

will remain effective until the

expiration of the January 22 emergency

rule. An expected upcoming rule will

establish new opening dates for the

second Pacific cod season for different

harvesting sectors. The justification for

the fishery closures implemented under

this amendment to the January 22

emergency rule follows.

The Council recommended that the

second season opening date for the GOA

Pacific cod fisheries be delayed from

June 10 to September 1. Except for an

allocation between inshore and offshore

sectors under § 679.20(a)(6)(iii), the

GOA Pacific cod TAC is not allocated

among different gear sectors that would

facilitate separate treatment of vessels

using jig, pot, hook-and-line, or trawl

gear. Thus, the Council’s intent was to

delay the second season for vessels

using any gear type.

The Council recommended a season

delay to September 1 in consideration of

the fact that only 40 percent of the 2001

TAC remains for the remainder of the

year, that the fishery would not be

sufficiently compromised to the extent

it would effect foraging Steller sea lions,

and that trawl fishing would continue to

be prohibited after October 31 to

eliminate the potential of relatively high

volume harvest amounts during winter

months.

Further, a September 1 opening date

for the second GOA Pacific cod season

also would address concerns for salmon

bycatch in the June and July trawl

fisheries that could increase

significantly if the Pacific cod fishery

were to open June 10. Specifically,

chum salmon move through the Gulf of

Alaska and concentrate in Aleutian

Island passes on their way to Western

Alaska spawning grounds. During this

time, they are vulnerable to interception

in other fisheries, including GOA

groundfish trawl fisheries. In the

January 22 emergency interim rule that

established NMFS’ intent for 2001

Steller sea lion conservation measures,

NMFS anticipated that the summer

GOA pollock fishery would be delayed

to August 20, thus avoiding the

potential for significant salmon bycatch

and the Council desired the same

mitigation for the GOA Pacific cod trawl

fisheries.

Finally, Pacific halibut bycatch rates

in both the trawl and hook-and-line gear

fisheries for GOA Pacific cod would

increase significantly in summer

months when halibut move into

shallower waters where the cod

fisheries typically are conducted.

Furthermore, catch-per-unit of effort for

Pacific cod is low at this time of year

when fish are dispersed, and fishing

gear is in the water for a longer period

of time and has greater opportunity for

increased incidental catch rates of

prohibited species. The flesh quality

and product recovery of Pacific cod also

is relatively low in summer months,

when a target fishery generally has been

avoided in favor of other times of the

year when harvest and revenues would

be more optimal. Last, GOA processing

capacity for groundfish in summer

months is constrained by processing

needs of the salmon industry and these

competing uses of processing facilities

would be avoided by the proposed delay

of the Pacific cod fishery until early

September when the salmon fisheries

generally have concluded.

The Council also requested a delay of

the second season opening date of the

BSAI hook-and-line catcher/processor

and catcher vessel fisheries for Pacific

cod from June 10 until August 15. In

taking this action, the Council

recognized that NMFS already has

implemented the 2001 seasonal

apportionment of the non-trawl Pacific

halibut bycatch limit in a manner that

currently delays the BSAI hook-and-line

Pacific cod fisheries to August 1. The

additional delay from August 1 to

August 15 was adopted by the Council

to maintain temporal distribution of the

fishery consistent with the objectives of

existing Steller sea lion protection

measures, while minimizing high

halibut bycatch rates during summer

months. This delay also reduces the

potential for interaction of the hookand-line gear fisheries with the

endangered short-tailed albatross and

other seabird species during summer

months. Finally, this delay provides

additional opportunity for the harvest of

CDQ Pacific cod with hook-and-line

gear to the extent that fishing for CDQ

Pacific cod would occur in summer

months prior to the start of the non-CDQ

fisheries when partner vessels

contracted to harvest or process CDQ

Pacific cod become less available.

Finally, the Council requested a June

10 to September 1 delay in the second

season opening date for the BSAI Pacific

cod pot gear fishery by vessels equal to

or greater than 60 ft (18.3 m) LOA. This

action was requested in recognition that

the amount of BSAI Pacific cod that

remains to be harvested by these vessels

in the second season represents less

than 2 percent of the BSAI Pacific cod

TAC. The Council also recognized that

harvest removals by this gear type are

slow paced and are unlikely to effect

Steller sea lions in a manner not already

considered by NMFS when it

implemented the 2001 Steller sea lion

protection measures. This season delay

for the pot gear fleet also is intended by

the Council to help avoid gear conflicts

with the groundfish trawl fisheries.

31848 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

The June 10 second season opening

date for BSAI Pacific cod harvested by

trawl vessels remains unchanged to

maintain overall spatial and temporal

distribution of the BSAI Pacific cod

fisheries. Potential bycatch concerns

ensuing from a summer trawl effort for

Pacific cod was assumed by the Council

to be self limiting due to low summer

catch rates and the fleets’ avoidance of

high Pacific halibut bycatch rates that

could preempt more lucrative fall

fishing. Salmon bycatch in the nonpollock trawl fisheries typically has not

posed a concern given that summer

trawl fisheries typically are limited due

to halibut bycatch concerns and

restrictions. These fisheries also tend to

operate on fishing grounds that avoid

high bycatch rates of salmon.

NMFS has assessed the Council’s

request for delay of the second season

opening date for Pacific cod by specified

sectors relative to the objective of

distributing Pacific cod fisheries in time

and space to minimize fishery

competition with Steller sea lion

foraging success. The season delay only

affects the BSAI Pacific cod pot and

hook-and-line gear fisheries and the

GOA Pacific cod fisheries. These

fisheries will be limited to 40 percent of

their 2001 Pacific cod TAC allocations.

Any existing seasonal constraints for the

BSAI trawl, jig, CDQ, and small vessel

pot or hook-and-line fisheries for Pacific

cod are unchanged. The BSAI Pacific

cod pot gear allocation for the

remainder of year totals less than 5,000

metric tons (mt). The magnitude and

expected rate of removal by this gear

type starting on September 1 for the

remainder of 2001 does not pose

concern for disproportionate removals

of Pacific cod in critical habitat areas.

The hook-and-line gear harvest of BSAI

Pacific cod during the second season

starting on August 15 historically is

spread spatially in a manner that does

not pose concern for disproportionate

removal in Steller sea lion critical

habitat. Further, the maximum

historical weekly harvest rate by this

sector in recent years (less than 5,600

mt) is sufficiently low as to not pose

undue concern for prey competition

with Steller sea lions during the 2001

phase-in year of the RPA.

The GOA Pacific cod fishery during

the delayed second season would

continue to be limited to 40 percent of

the annual TAC and regulatory

provisions will remain unchanged for

the closure of the directed fishery by

trawl vessels after October 31, 2001.

Weekly catch rates of GOA Pacific cod

are anticipated to be low during the

second season given that Pacific cod are

not aggregated in a manner conducive to

intense harvest effort and removals.

Based on these determinations, NMFS

finds that the compressed duration of

the second Pacific cod season for the

GOA fisheries and the BSAI pot and

hook-and-line gear fisheries and the rate

of removal of the remaining Pacific cod

allocated to these fisheries are of

sufficiently small temporal scale and

impact as to not pose concern for a

disproportionate rate of harvest

removal. Thus, the effects of this

amendment to the January 22, 2001,

emergency interim rule on the ability of

Steller sea lions to forage on available

Pacific cod would not be compromised

to the extent that the compressed

seasons would lead to any effect that

has not been previously considered in

the implementation of the January 22,

2001, emergency rule, including any

increased takes of Steller sea lions or

any other species listed under the ESA.

This action also addresses prohibited

species bycatch concerns. The second

season delay for the BSAI hook-and-line

and pot gear fisheries and the GOA

fishery by any gear type is advisable in

consideration of salmon, seabird, and

Pacific halibut bycatch concerns, as well

as general management of competing

BSAI fisheries using the same fishing

platforms (CDQ vs non-CDQ Pacific cod

fisheries) and fishing grounds (pot gear

vs non-pot gear).

Classification

The Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that this emergency interim

rule is necessary for the conservation

and management of the groundfish

fisheries of the BSAI and GOA. The

Regional Administrator also has

determined that this emergency interim

rule is consistent with the MagnusonStevens Act and other applicable laws.

This action has been determined to be

not significant for purposes of Executive

Order 12866. This emergency interim

rule contains no reporting,

recordkeeping, or compliance

requirements, and no relevant Federal

rules exit which may duplicate, overlap,

or conflict with this action.

This amended emergency interim rule

is consistent with the objectives for

Steller sea lion protection measures

implemented in 2001 under section

209(c)(6) of Pub. L. 106–554, the ESA,

and other applicable laws. This action

also will minimize bycatch rates of

salmon and Pacific halibut in the Pacific

cod fisheries while providing for

continued temporal distribution of the

Pacific cod fisheries. As such, the

opportunity for harvest of Pacific cod

will be optimized under prohibited

species catch restrictions and the desire

to avoid high bycatch rates of chum

salmon in the GOA groundfish fisheries.

The short-term directed fishing

prohibitions implemented under the

amended emergency interim rule must

be effective by June 10, 2001, to realize

the intent of the Council and NMFS and

avoid more long-term fishery closures

that could occur if the fishery were to

be conducted when bycatch rates are

high and cod catch rates are low. Thus,

this action must be implemented as

soon as practical and in a manner that

makes impracticable prior opportunity

for notice and public comment.

Therefore, good cause exists to waive

those requirements pursuant to 5 U.S.C.

553(b)(3). For the same reason, good

cause exists to waive the 30-day delay

in effective date pursuant to 5 U.S.C.

553(d)(3). Because this emergency

interim rule is not subject to the

requirement to provide notice or an

opportunity for comment by 5 U.S.C.

553 or any other laws, the analytical

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601et seq. are

not applicable. Thus, no initial or final

regulatory flexibility analysis has been

prepared.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Dated: June 7, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 679 is amended

as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for part 679

continues to read as follows:

Authority: 16 U.S.C. 773 et seq.; 1801 et

seq.; 3631 et seq.; Title II of Division C, Pub.

L. 10–277; Sec. 3027, Pub. L. 106–31; 113

Stat. 57; 16 U.S.C. 1540(f); and section 209,

Pub. L. 106–554.

2. In § 679.23, paragraphs (d)(4) and

(e)(6)(iii) are suspended and paragraphs

(d)(5) and (e)(6)(iv) are added to read as

follows:

§ 679.23 Seasons.

* * * * *

(d) * * *

(5) Directed fishing for Pacific cod.

Directed fishing for Pacific cod in the

Western and Central Regulatory Areas is

prohibited.

(e) * * *

(6) * * *

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 31849

(iv) Nontrawl gear. Subject to other

provisions of this part, directed fishing

for Pacific cod with non-trawl gear is

authorized as follows:

(A) Vessels using jig gear and vessels

less than 60 ft (18.3 m) LOA using pot

or hook-and-line gear. From 0001 hours

A.l.t., January 1, through 2400 hours,

A.l.t., July 17.

(B) Vessels equal to or greater than 60

ft (18.3 m) and using pot or hook-andline gear. Directed fishing is prohibited.

[FR Doc. 01–14894 Filed 6–8–01; 4:20 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013-01; I.D.

060801A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Yellowfin Sole by

Vessels Using Trawl Gear in 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 closing directed

fishing for yellowfin sole by vessels

using trawl gear in the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the third seasonal

apportionment of the 2001 Pacific

halibut bycatch allowance specified for

the trawl yellowfin sole fishery

category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), June 11, 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

BSAI exclusive economic zone

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 third seasonal apportionment of

the 2001 halibut bycatch allowance

specified for the BSAI trawl yellowfin

sole fishery category, which is defined

at § 679.21 (e)(3)(iv)(B)(1), is 49 metric

tons (66 FR 7276, January 22, 2001).

In accordance with § 679.21 (e)(7)(v),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the third seasonal

apportionment of the 2001 halibut

bycatch allowance specified for the

trawl yellowfin sole fishery in the BSAI

has been caught. Consequently, the

Regional Administrator is closing

directed fishing for yellowfin sole by

vessels using trawl gear in the BSAI.

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 avoid

exceeding the halibut bycatch allowance

for the yellowfin sole fishery category

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 avoid exceeding the halibut

bycatch allowance for the yellowfin sole

fishery category 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 50 CFR

679.21 and is exempt from review under

Executive Order 12866.

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

Dated: June 8, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–14892 Filed 6–8–01; 4:20 pm]

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