Federal Register, Volume 76 Issue 130 (Thursday, July 7, 2011)

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Page 39792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17048]



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DEPARTMENT OF COMMERCE



National Oceanic and Atmospheric Administration



50 CFR Part 679



[Docket No. 101126521-0640-02]

RIN 0648-XA547




Fisheries of the Exclusive Economic Zone Off Alaska; Northern 

Rockfish 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; modification of closure.



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SUMMARY: NMFS is opening directed fishing for northern rockfish in the 

Bering Sea and Aleutian Islands Management Area (BSAI). This action is 

necessary to fully use the 2011 total allowable catch (TAC) of northern 

rockfish in the BSAI.



DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2011, 

through 2400 hrs, A.l.t., December 31, 2011. Comments must be received 

at the following address no later than 4:30 p.m., A.l.t., July 22, 

2011.



ADDRESSES: Send comments to Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 

Attn: Ellen Sebastian. You may submit comments, identified by 0648-

XA547, 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.

     Hand delivery to the Federal Building: 709 West 9th 

Street, Room 420A, Juneau, AK.

    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 (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. Attachments to electronic 

comments will be accepted in Microsoft Word, Excel, WordPerfect, or 

Adobe portable document file (pdf) file formats only.



FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.



SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 

BSAI 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.

    Pursuant to the final 2011 and 2012 harvest specifications for 

groundfish in the BSAI (76 FR 11139, March 1, 2011), NMFS closed the 

directed fishery for northern rockfish under Sec.  679.2(d)(1)(iii).

    As of July 1, 2011, NMFS has determined that approximately 3,398 

metric tons of northern rockfish remain unharvested in the BSAI. 

Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the 2011 TAC of northern rockfish 

in the BSAI, NMFS is terminating the previous closure and is opening 

directed fishing for northern rockfish in the BSAI. This will enhance 

the socioeconomic well-being of harvesters in this area. The 

Administrator, Alaska Region (Regional Administrator) considered the 

following factors in reaching this decision: (1) The current catch of 

northern rockfish in the BSAI 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) and 679.25(c)(1)(ii) 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 northern rockfish 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 

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.

    Without this inseason adjustment, NMFS could not allow the fishery 

for northern rockfish in the BSAI 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 July 22, 2011.

    This action is required by Sec.  679.20 and Sec.  679.25 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. 2011-17048 Filed 7-1-11; 4:15 pm]

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