[Federal Register Volume 76, Number 15 (Monday, January 24, 2011)]
[Rules and Regulations]
[Page 4081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1362]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA167
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Greater Than or Equal to 60 Feet (18.3 Meters)
Length Overall Using Pot Gear 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by pot
catcher vessels greater than or equal to 60 feet (18.3 meters (m))
length overall (LOA) in the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to prevent exceeding the A season
allowance of the 2011 Pacific cod total allowable catch (TAC) specified
for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA
in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 21,
2011, through 1200 hrs, A.l.t., September 1, 2011.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 part 600 and 50 CFR part 679.
The A season allowance of the 2011 Pacific cod TAC allocated as a
directed fishing allowance to pot catcher vessels greater than or equal
to 60 feet (18.3 m) LOA in the BSAI is 8,685 metric tons as established
by the final 2010 and 2011 harvest specifications for groundfish in the
BSAI (75 FR 11778, March 12, 2010) and inseason adjustment (76 FR 467,
January 5, 2011).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, has determined that the A season allowance of the
2011 Pacific cod TAC allocated as a directed fishing allowance to pot
catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the
BSAI has been reached. Consequently, NMFS is prohibiting directed
fishing for Pacific cod by pot catcher vessels greater than or equal to
60 feet (18.3 m) LOA in the BSAI.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
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 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 closure of Pacific cod by pot catcher vessels greater
than or equal to 60 feet (18.3 m) LOA in the BSAI. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of January 18, 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.
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: January 19, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-1362 Filed 1-21-11; 8:45 am]
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