[Federal Register: May 24, 2001 (Volume 66, Number 101)]
[Rules and Regulations]               
[Page 28679]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my01-17]                         


[[Page 28679]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 051601A]

 
Fisheries of the Exclusive Economic Zone Off Alaska; Species that 
Comprise the Shallow-Water Species Fishery by Vessels Using Trawl Gear 
in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Modification of a closure.

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SUMMARY: NMFS is opening directed fishing for species that comprise the 
shallow-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA). This action is necessary to fully use the second 
seasonal apportionment of the 2001 halibut bycatch allowance specified 
for the trawl shallow-water species fishery in the GOA.

DATES: Effective 1200 hrs, Alaska local time, May 21, 2001.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 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 second seasonal apportionment of the 2001 halibut bycatch 
allowance specified for the trawl shallow-water species fishery in the 
GOA is 100 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).
    NMFS closed the directed fishery for species that comprise the 
shallow-water species fishery by vessels using trawl gear in the Gulf 
of Alaska under Sec.  679.20(d)(7)(i) on April 27, 2001 (66 FR 21886, 
May 2, 2001).
    NMFS has determined that approximately 51 mt remain in the second 
seasonal apportionment. Therefore, NMFS is terminating the previous 
closure and is opening directed fishing for species that comprise the 
shallow-water species fishery by vessels using trawl gear in the GOA.

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 allow 
full use of the second seasonal apportionment of the 2001 halibut 
bycatch allowance specified for the trawl shallow-water species fishery 
in 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 allow full use of the second seasonal 
apportionment of the 2001 halibut bycatch allowance specified for the 
trawl shallow-water species fishery in the GOA constitutes good cause 
to find that the effective date of this action cannot be delayed for 30 
days. In addition, this action relieves a restriction on the species 
that comprise the shallow-water species fishery by vessels using trawl 
gear in the Gulf of Alaska. 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: May 17, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-13073 Filed 5-18-01; 3:57 pm]
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