[Federal Register Volume 66, Number 43 (Monday, March 5, 2001)]
[Rules and Regulations]
[Page 13266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5237]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 022701I]


Fisheries of the Exclusive Economic Zone Off Alaska; AtkaMackerel 
in the Central 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, notice of opening.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Central Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2001 A season harvest specification of Atka mackerel. NMFS is also 
opening fishing with trawl gear in Steller sea lion critical habitat in 
the Central Aleutian District for species for which directed fisheries 
are open.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 28, 
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 appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2001 A season Atka mackerel TAC in the Central Aleutian 
District of the BSAI is 15,540 metric tons (mt) as established by the 
Final 2001 Harvest Specifications and Associated Management Measures 
for the Groundfish Fisheries Off Alaska (66 FR 7276, January 22, 2001).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2001 A 
season Atka mackerel total allowable catch (TAC) in the Central 
Aleutian District will be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 15,290 
mt, and is setting aside the remaining 250 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 Central Aleutian 
District of the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).
    On February 13, 2001, NMFS prohibited trawling within Steller sea 
lion critical habitat in the Central Aleutian District because the 
allowable harvest of Atka mackerel in the Steller Sea lion protection 
areas in the Central Aleutian District had been reached (FR 66 10637, 
February 16, 2001). Regulations at Sec.  679.22(a)(12)(iii)(C) 
authorize opening Steller sea lion critical habitat in the Central 
Aleutian District to fishing with trawl gear after NMFS closes Atka 
mackerel to directed fishing within that district. Therefore, NMFS 
announces that it is opening critical habitat in the Central Aleutian 
District to fishing with trawl gear for species open to directed 
fishing.

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 harvest specification 
of Atka mackerel in the Central Aleutian District of the BSAI 
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 2001 A season harvest specification of Atka mackerel in 
the Central Aleutian District of the BSAI 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 Secs. 679.20 and 679.22 and is exempt 
from review under Executive Order 12866.

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

    Dated: February 27, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-5237 Filed 2-28-01; 1:19 pm]
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