[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Rules and Regulations]
[Pages 10779-10780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4366]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XA237
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
Statistical Area 610 in the Gulf of Alaska
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 pollock in Statistical
Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully
use the A season allowance of the 2011 total allowable catch (TAC) of
pollock in Statistical Area 610 of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 27,
2011, through 1200 hrs, A.l.t., March 10, 2011. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
March 10, 2011.
ADDRESSES: Send comments to James W. Balsiger, Regional Administrator,
Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments,
identified by RIN 0648-XA237, 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.
Instructions: All comments received are a part of the public
record. Comments 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: Josh Keaton, 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.
NMFS closed directed fishing for pollock in Statistical Area 610 of
the GOA under Sec. 679.20(d)(1)(iii) on January 23, 2011 (76 FR 4082,
January 24, 2011).
[[Page 10780]]
As of February 16, 2011, NMFS has determined that approximately
4,693 metric tons of pollock remain in the directed fishing allowance
for pollock in Statistical Area 610 of the GOA. Therefore, in
accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the A season allowance of the 2011
TAC of pollock in Statistical Area 610 of the GOA, NMFS is terminating
the previous closure and is reopening directed fishing pollock in
Statistical Area 610 of the GOA. The Administrator, Alaska Region
(Regional Administrator) considered the following factors in reaching
this decision: (1) The current catch of pollock in Statistical Area 610
of the GOA 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 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 the pollock fishery in Statistical Area 610
of the GOA. 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 February 15, 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 pollock
fishery in Statistical Area 610 of the GOA 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 March 10, 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: February 23, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-4366 Filed 2-23-11; 4:15 pm]
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