9678 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary stay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this action effective February 5,

2001.

Issued on: January 31, 2001.

Hiram J. Walker,

Acting Deputy Administrator.

[FR Doc. 01–3207 Filed 2–6–01; 5:05 pm]

BILLING CODE 4910–57–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 001120324–1030–02; I.D.

110700D]

RIN 0648–AO71

Fisheries of the Northeastern United

States; Atlantic Sea Scallop Fishery;

Extension of Closed Areas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule.

SUMMARY: This interim final rule

extends the closure of the Hudson

Canyon South and Virginia Beach Sea

Scallop Closed Areas on an interim

basis for 180 days or until such time

that a controlled area access program for

these two areas can be implemented

through Framework 14 to the Atlantic

Sea Scallop Fishery Management Plan

(FMP), whichever is sooner. This action,

which is necessary to reduce

overfishing, will help ensure that

fishing mortality rates do not exceed the

target thresholds established in the

FMP.

DATES: Effective March 2, 2001, through

August 8, 2001.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Final Regulatory

Flexibility Analysis (EA/RIR/FRFA) and

any other documents supporting this

action are available from Patricia A.

Kurkul, Regional Administrator,

Northeast Regional Office, NMFS, 1

Blackburn Drive, Gloucester, MA

01930–2298. The EA/RIR/FRFA is

accessible via the Internet at http:/

www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT:

Peter W. Christopher, Fishery Policy

Analyst, 978–281–9288, fax 978–281–

9135, e-mail

peter.christopher@noaa.gov.

Send comments on any ambiguity or

unnecessary complexity arising from the

language used in this interim final rule

to the Regional Administrator at the

same address.

SUPPLEMENTARY INFORMATION: NMFS

implemented an interim final rule on

April 3, 1998 (63 FR 15324), that

established two areas in the MidAtlantic region that were closed to all

scallop fishing. This interim final rule

was subsequently extended for 180 days

(63 FR 51862, September 29, 1998) and

on March 29, 1999, Amendment 7 to the

FMP (64 FR 14835) extended the

effective date of the closures through

March 1, 2001.

While there are still concentrations of

small scallops in the Hudson Canyon

South and Virginia Beach Closed Areas,

recent surveys by the NMFS Northeast

Fisheries Science Center and Virginia

Institute of Marine Science indicate that

a large portion of the protected scallops

have grown and could be of

considerable value to the fishing

industry. To address the concern that

these scallops will be vulnerable to high

fishing pressure upon the re-opening of

the closed areas on March 1, 2001, the

New England Fishery Management

Council (Council) is currently

developing Framework Adjustment 14

to the FMP, which includes an area

access program for the Mid-Atlantic

closed areas. This program would

restrict scallop vessels when fishing in

the re-opened Mid-Atlantic closed areas

to a scallop possession limit and a

limited amount of trips, among other

measures. Because the Council is

preparing a Supplemental

Environmental Impact Statement for

Framework 14 to assess the impacts of

the fishery on the human environment,

it is highly unlikely that the framework

can be implemented by March 1, 2001,

the date that the Mid-Atlantic closed

areas are scheduled to re-open. An

extension of the closures is, therefore,

necessary to ensure that the areas do not

open prior to protective measures being

in place. NMFS published a proposed

rule for this action on December 1, 2000

(65 FR 75232) and no comments were

received in response to the request for

comments. Further details concerning

the justification for this interim final

rule were provided in the preamble to

the proposed rule and are not repeated

here.

This interim final rule will delay the

re-opening of the Hudson Canyon South

and Virginia Beach scallop closed areas

for 180 days or until such time that new

measures to prevent overfishing in the

areas are implemented, whichever is

sooner. This action is authorized by

section 305(c) of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) and may be

extended for an additional 180-day

period.

Classification

The need to implement these

measures in a timely manner to prevent

overfishing and reduce the likelihood of

long-term productivity losses and more

severe restrictions in the future,

constitutes good cause under 5 U.S.C.

553(d)(3) to delay for 15 days, rather

than 30 days, the effectiveness of this

interim final rule.

This interim final rule has been

determined to be not significant for

purposes of Executive Order 12866.

NMFS prepared an FRFA as part of a

regulatory impact review (RIR) that

describes the economic impact this

action, if adopted, would have on small

entities. A copy of the FRFA is available

from NMFS (see ADDRESSES). A

summary of the FRFA follows:

A description of the reasons why

action by the agency is being taken and

the objectives of this interim final rule

are explained in the preamble to the

proposed rule and are not repeated here.

This action does not contain any

collection-of-information, reporting,

recordkeeping or other compliance

requirements. This action is taken under

authority of the Magnuson-Stevens

Fishery Act and regulations at 50 CFR

part 648.

There were no public comments

submitted in response to the initial

regulatory flexibility analysis (IRFA). No

changes were made from the proposed

rule.

The FRFA considers the impacts that

this action will have on small entities,

which includes all holders of active

scallop permits, since none have

reported gross annual revenues greater

than $3 million. The 1999 fishing

season, March 1, 1999, to February 28,

2000, was the last full year of scallop

fishing activity available for analysis.

During that season, there were 345

qualified permits in the limited access

fishery. In addition, 2,095 permits were

issued to vessels in the open access

General Category.

The alternative implemented by this

interim final rule is expected to

minimize negative economic impacts on

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