[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17360-17361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7346]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA322
Fisheries of the Exclusive Economic Zone Off Alaska; Octopus 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; apportionment of reserves; request for
comments.
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SUMMARY: NMFS apportions amounts of the non-specified reserve to the
initial total allowable catch of octopus in the Bering Sea and Aleutian
Islands (BSAI). This action is necessary to allow the fisheries to
continue operating. It is intended to promote the goals and objectives
of the fishery management plan for the BSAI.
DATES: Effective March 24, 2011 through 2400 hrs, Alaska local time,
December 31, 2011. Comments must be received at the following address
no later than 4:30 p.m., Alaska local time, April 8, 2011.
ADDRESSES: Send comments to James W. Balsiger, Regional Administrator,
Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments,
identified by RIN 0648-XA322, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557, Attn: Ellen Sebastian.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (e.g., name, address)
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). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) 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 part 600 and 50 CFR part 679.
The 2011 initial total allowable catch (ITAC) of octopus in the
BSAI was
[[Page 17361]]
established as 128 metric tons (mt) by the final 2011 and 2012 harvest
specifications for groundfish of the BSAI (76 FR 11139, March 1, 2011).
In accordance with Sec. 679.20(a)(3) the Regional Administrator,
Alaska Region, NMFS, has reviewed the most current available data and
finds that the ITAC for octopus in the BSAI needs to be supplemented
from the non-specified reserve in order to promote efficiency in the
utilization of fishery resources in the BSAI and allow fishing
operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
from the non-specified reserve of groundfish 22 mt to the octopus ITAC
in the BSAI. This apportionment is consistent with Sec.
679.20(b)(1)(i) and does not result in overfishing of a target species
because the revised ITAC is equal to or less than the specifications of
the acceptable biological catch in the final 2011 and 2012 harvest
specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011).
The harvest specification for octopus included in the final 2011
and 2012 harvest specifications for groundfish in the BSAI (76 FR
11139, March 1, 2011) for the 2011 ITAC is revised as follows: 150 mt
for octopus in the BSAI.
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) and Sec. 679.20(b)(3)(iii)(A) 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 apportionment of the non-specified
reserves of groundfish to the groundfish fisheries 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 March 23, 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.
Under Sec. 679.20(b)(3)(iii), interested persons are invited to
submit written comments on this action (see ADDRESSES) until April 8,
2011.
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: March 24, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-7346 Filed 3-24-11; 4:15 pm]
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