Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9679

small entities, particularly in the long

term, while achieving the conservation

goals and overall objectives of the FMP.

NMFS considered 3 alternatives for

action with respect to the Hudson

Canyon South and Virginia Beach

Closed Areas. The alternative to

implement a controlled access program

for the two closed areas was rejected

because NMFS determined that it is not

feasible to implement an area access

program by March 1, 2001, due to the

time constraints of developing such an

action. Analysis of the action was,

therefore, not completed. Two other

alternatives were analyzed: Re-opening

the areas on March 1, 2001, without

control (no action); and extending the

closures through the interim final rule

for a period of 180 days or until a

controlled access program is

implemented (proposed action). NMFS

selected the proposed action for 180

days from March 1, 2001, or until

Framework 14 can be implemented

(currently estimated to be May 2001),

whichever is sooner, because it would

prevent overfishing and would be more

likely to achieve the goals of the FMP

to maximize, over time, the joint social

and economic benefits from harvesting

and use of the sea scallop resource. The

proposed action is not expected to

reduce overall access to the closed areas

in 2001 and will protect the growth

potential of more young scallops for

2002, provided that Framework 14 is

implemented in a timely fashion, as

anticipated by the Council and NMFS.

Vessels will be able to fish their daysat-sea (DAS) allocation outside of the

closed areas. Any short-term negative

impacts caused by delaying the reopening of the two Mid-Atlantic areas to

scallop fishing are expected to be offset

by access to those areas through

Framework 14 for the remainder of 2001

and by future recruitment of scallops.

Without the proposed action, the most

likely outcome would be that

Framework 14 would need to

implement measures that would prevent

further access to these closed areas

during 2001 because vessels would have

exceeded the target fishing mortalities

and total allowable catch by the time

Framework 14 becomes effective.

Therefore, the no-action alternative

would likely reduce long-term economic

benefits. Under this alternative,

overfishing may occur in the areas, and

the ability to maximize scallop yields

from the areas and ensure that

recruitment potential is maintained

could be compromised, thereby

reducing long-term benefits to the

scallop fishing industry. Depending on

the amount of fishing that has occurred

in the absence of this interim action,

access during the 2002 season might

also have to be reduced substantially in

order to rebuild the stock.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this interim final rule. Such

comments should be sent to Patricia A.

Kurkul, Regional Administrator (see

ADDRESSES).

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 5, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 648 is amended

as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. Section 648.57 is added to read as

follows:

§ 648.57 Closed areas.

(a) Hudson Canyon South Closed

Area. No vessel may fish for, possess, or

retain sea scallops in or from the area

known as the Hudson Canyon South

Closed Area. No vessel may transit this

closed area unless all scallop dredge

gear on board is properly stowed and

not available for immediate use in

accordance with the provisions of

§ 648.23(b). Vessels fishing in this

closed area for species other than

scallops must stow scallop dredge gear

in accordance with the provisions of

§ 648.23(b). The Hudson Canyon South

Closed Area is defined by straight lines

connecting the following points in the

order stated:

Point Latitude Longitude

H1 39 30’ N. 73 10’ W.

H2 39 30’ N. 72 30’ W.

H3 38 30’ N. 73 30’ W.

H4 38 40’ N. 73 50’ W.

(b) Virginia Beach Closed Area. No

vessel may fish for, possess, or retain

sea scallops in or from the area known

as the Virginia Beach Closed Area. No

vessel may transit this closed area

unless all scallop dredge gear on board

is properly stowed and not available for

immediate use in accordance with the

provisions of § 648.23(b). Vessels fishing

in the closed area for species other than

scallops must stow scallop dredge gear

in accordance with the provisions of

§ 648.23(b). The Virginia Beach Closed

Area is defined by straight lines

connecting the following points in the

order stated:

Point Latitude Longitude

V1 37 00’ N. 74 55’ W.

V2 37 00’ N. 74 35’ W.

V3 36 25’ N. 74 45’ W.

V4 36 25’ N. 74 55’ W.

[FR Doc. 01–3387 Filed 2–8–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013-1301-01; I.D.

012901A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pollock in Statistical

Area 610 of 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 pollock in Statistical Area

610 of the Gulf of Alaska (GOA). This

action is necessary to prevent exceeding

the A season allowance of the pollock

total allowable catch (TAC) for

Statistical Area 610 of the GOA.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), February 6, 2001, until

1200 hrs, A.l.t., March 15, 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 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 A season allowance of the

pollock TAC in Statistical Area 610 of

the GOA is 7,707 metric tons (mt) as

established by the Final 2001 Harvest

9680 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

Specifications and Associated

Management Measures for the

Groundfish Fisheries Off Alaska (66 FR

7276, January 22, 2001).

In accordance with § 679.20(d)(1)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the A season allowance

of the pollock TAC in Statistical Area

610 will soon be reached. Therefore, the

Regional Administrator is establishing a

directed fishing allowance of 6,707 mt,

and is setting aside the remaining 1,000

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 pollock

in Statistical Area 610 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 amount of the 2001 A

season pollock TAC specified for

Statistical Area 610 of 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 prevent exceeding the 2001 A

season pollock TAC specified for

Statistical Area 610 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: February 5, 2001

Bruce C. Morehead

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–3369 Filed 2–6–01; 2:52 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.

012201D]

Fisheries of the Exclusive Economic

Zone Off Alaska; Atka Mackerel in the

Eastern Aleutian District and Bering

Sea Subarea of the Bering Sea and

Aleutian Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for Atka mackerel with gears

other than jig in the Eastern Aleutian

District and the Bering Sea subarea of

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the A

season allowance of the 2001 total

allowable catch (TAC) of Atka mackerel

in these areas.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), February 6, 2001, until

1200 hrs, A.l.t., September 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 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

at subpart H of 50 CFR part 600 and 50

CFR part 679.

The A season allowance of Atka

mackerel TAC for non-jig gear in the

Eastern Aleutian District and the Bering

Sea subarea was specified as 3,572

metric tons (mt) (66 FR 7327, January 22

2001). See § 679.20(a)(8)(ii).

In accordance with § 679.20(d)(1)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the A season allowance

of TAC for non-jig gear Atka mackerel

in the Eastern Aleutian District and the

Bering Sea subarea will be reached.

Therefore, the Regional Administrator is

establishing a directed fishing

allowance of 3,372 mt, and is setting

aside the remaining 200 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 soon will be reached.

Consequently, NMFS is prohibiting

directed fishing for Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea of the BSAI.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the Initial

TAC limitations and other restrictions

on the fisheries established in the 2001

Harvest Specifications for Groundfish

for the BSAI. Pursuant to 5 USC

553(b)(3)(B), the Acting Assistant

Administrator for Fisheries, NOAA,

finds good cause exists to waive the

prior notice and opportunity for public

comment as such procedures are

unnecessary and contrary to public

interest. This action must be

implemented immediately to prevent

overharvesting the A season allowance

of the 2001 TAC of Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea of the BSAI. Similarly good

cause exists to waive the delay in the

effective date as it would only result in

overharvest. NMFS finds for good cause

that the implementation of this action

should not 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: February 5, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–3368 Filed 2–6–01; 2:52 pm]

BILLING CODE 3510-22-S