[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Rules and Regulations]
[Page 10780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4367]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA252
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel 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 Atka mackerel in the
Bering Sea subarea and Eastern Aleutian district (BS/EAI) of the Bering
Sea and Aleutian Island management area (BSAI) by vessels participating
in the BSAI trawl limited access fishery. This action is necessary to
prevent exceeding the A season allowance of the 2011 Atka mackerel
total allowable catch (TAC) in these areas allocated to vessels
participating in the BSAI trawl limited access fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 23,
2011, through 1200 hrs, A.l.t., June 10, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
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 Atka mackerel TAC, in the BS/
EAI, allocated to vessels participating in the BSAI trawl limited
access fishery was established as a directed fishing allowance of 1,429
metric tons by the final 2010 and 2011 harvest specifications for
groundfish in the BSAI (75 FR 11778, March 12, 2010) and inseason
adjustment (76 FR 1539, January 11, 2011).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, finds that this directed fishing allowance has
been reached. Consequently, NMFS is prohibiting directed fishing for
Atka mackerel by vessels participating in the BSAI trawl limited access
fishery in the BS/EAI.
After the effective dates 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 a 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 the Atka mackerel fishery in the BS/EAI for
vessels participating in the BSAI trawl limited access fishery. NMFS
was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
February 22, 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: February 23, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-4367 Filed 2-23-11; 4:15 pm]
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