[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33171-33172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14133]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA482
Fisheries of the Exclusive Economic Zone Off Alaska; Alaska
Plaice 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 Alaska plaice in the
Bering Sea and Aleutian Islands management area (BSAI). This action is
necessary to prevent exceeding the 2011 Alaska plaice total allowable
catch (TAC) specified for the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 4, 2011,
through 2400 hrs, A.l.t., December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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 Alaska plaice TAC specified for the BSAI is 13,600 metric
tons as established by the final 2011 and 2012 harvest specifications
for groundfish in the BSAI (76 FR 11139, March 1, 2011).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS, (Regional Administrator) has determined that the 2011
Alaska plaice TAC in the BSAI will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
12,600 mt, and is setting aside the remaining 1,000 mt as bycatch to
support other anticipated groundfish fisheries. In accordance with
Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this
directed fishing allowance has been reached. Consequently, NMFS is
prohibiting directed fishing for Alaska plaice 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
[[Page 33172]]
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
Alaska plaice 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 June 2, 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: June 3, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-14133 Filed 6-3-11; 4:15 pm]
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