[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Page 9680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3368]


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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.

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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 
Sec. 679.20(a)(8)(ii).
    In accordance with Sec. 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 
Sec. 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 Sec. 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 Sec.  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]
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