[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24404-24405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10596]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA405
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; modification of a closure.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels less than 60 feet (18.3 meters) length overall (LOA) using
hook-and-line or pot gear in the Bering Sea and Aleutian Islands
Management Area (BSAI). This action is necessary to fully use the 2011
total allowable catch of Pacific cod allocated to catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 30, 2011,
through 2400 hrs, A.l.t., December 31, 2011. Comments must be received
at the following address no later than 4:30 p.m., A.l.t., May 17, 2011.
ADDRESSES: Send comments to James W. Balsiger, Regional Administrator,
Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments,
identified by RIN 0648-XA405, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record. Comment will
generally be posted without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands Management 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 parts 600 and 679.
NMFS closed directed fishing for Pacific cod by catcher vessels
less than 60 feet LOA using hook-and-line or pot gear in the BSAI under
Sec. 679.20(d)(1)(iii) on March 8, 2011 (76 FR 13098, March 10, 2011).
NMFS has determined that as of April 26, 2011, approximately 847
metric tons of Pacific cod remain in the 2011 Pacific cod apportionment
for catcher vessels less than 60 feet LOA using hook-and-line or pot
gear in the BSAI. Therefore, in accordance with Sec. 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2011 total
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating
the previous closure and is opening directed fishing for Pacific cod by
catcher vessels less than 60 feet LOA using hook-and-line or pot gear
in the BSAI. The Administrator, Alaska Region, NMFS, (Regional
Administrator) considered the following factors in reaching this
decision: (1) the current catch of Pacific cod by catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI and, (2)
the harvest capacity and stated intent on future harvesting patterns of
vessels in participating in this fishery.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5
[[Page 24405]]
U.S.C. 553(b)(B) as such requirement is impracticable and contrary to
the public interest. This requirement is impracticable and contrary to
the public interest as it would prevent NMFS from responding to the
most recent fisheries data in a timely fashion and would delay the
opening of directed fishing for Pacific cod by catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI. Immediate
notification is necessary to allow for the orderly conduct and
efficient operation of this fishery, to allow the industry to plan for
the fishing season, and to avoid potential disruption to the fishing
fleet and processors. NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant data only
became available as of April 26, 2011.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by catcher vessels less than 60 feet LOA using hook-
and-line or pot gear in the BSAI to be harvested in an expedient manner
and in accordance with the regulatory schedule. Under Sec.
679.25(c)(2), interested persons are invited to submit written comments
on this action to the above address until May 12, 2011.
This action is required by Sec. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 27, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-10596 Filed 4-27-11; 4:15 pm]
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