[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39792-39793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17046]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-02]
RIN 0648-XA544
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch, Northern Rockfish, and Pelagic Shelf Rockfish in the
Western Regulatory Area and the West Yakutat District of the Gulf of
Alaska
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 ocean perch,
northern rockfish, and pelagic shelf rockfish by catcher/processors
participating in the limited access or opt-out fisheries that are
subject to sideboard limits established under the Central Gulf of
Alaska (GOA) Rockfish Program in the Western Regulatory Area and West
Yakutat district of the GOA. This action is necessary to prevent
exceeding the
[[Page 39793]]
2011 sideboard limits of Pacific ocean perch, northern rockfish, and
pelagic shelf rockfish established for catcher/processors participating
in the limited access or opt-out fisheries in the Western Regulatory
Area and West Yakutat district of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2011,
through 1200 hrs, A.l.t., July 31, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
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.
The 2011 pelagic shelf rockfish sideboard limit established for
catcher/processors participating in the limited access or opt-out
fisheries that are subject to sideboard limits in the Central GOA
Rockfish Program in the Western Regulatory Area is 0.4 mt.
The 2011 pelagic shelf rockfish and Pacific ocean perch in the West
Yakutat district, and Pacific ocean perch and northern rockfish in the
Western Regulatory Area sideboard limits established for catcher/
processors participating in the limited access or opt-out fisheries
that are subject to sideboard limits in the Central GOA Rockfish
Program is 0 mt. The sideboard limits are established by the final 2011
and 2012 harvest specifications for groundfish of the GOA (76 FR 11111,
March 1, 2011) and as posted as the 2011 Rockfish Program Catcher/
Processor Sideboards at http://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
In accordance with Sec. 679.82(d)(7)(i)(A), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2011 pelagic shelf rockfish sideboard limit established for catcher/
processors participating in the limited access or opt-out fisheries in
the Western Regulatory Area will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
0 mt, and is setting aside the remaining 0.4 mt as bycatch to support
other anticipated groundfish fisheries. In accordance with Sec.
679.82(d)(7)(ii), the Regional Administrator finds that this directed
fishing allowance will soon be reached. Consequently, NMFS is
prohibiting directed fishing for the Pacific ocean perch, northern
rockfish, and pelagic shelf rockfish sideboard limits established for
catcher/processors participating in the limited access or opt-out
fisheries in the Western Regulatory Area and West Yakutat district of
the GOA.
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 pelagic shelf rockfish, northern rockfish,
and Pacific ocean perch sideboard limits for catcher/processors
participating in the limited access or opt-out fisheries in the Western
Regulatory Area and the West Yakutat district of the GOA. NMFS was
unable to publish a notice providing time for public comment because
the most recent, relevant data only became available as of June 30,
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. 679.82 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 1, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-17046 Filed 7-1-11; 4:15 pm]
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