[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57679-57680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23827]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-02]
RIN 0648-XA704
Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species by Vessels Using Trawl Gear in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; modification of a closure.
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SUMMARY: NMFS is opening directed fishing for shallow-water species by
vessels using trawl gear in the Gulf of Alaska (GOA) for 48 hours. This
action is necessary to fully use the fourth seasonal apportionment of
the 2011 Pacific halibut bycatch allowance specified for the trawl
shallow-water species fishery in the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 14,
2011, through 1200 hrs, A.l.t., September 16, 2011. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
September 28, 2011.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2011-0224, 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. To submit comments via the e-Rulemaking Portal,
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2011-
0224 in the keyword search. Locate the document you wish to comment on
from the resulting list and click on the ``Submit a Comment'' icon on
the right of that line.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557; Attn: Glenn Merrill.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will 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 or Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
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.
NMFS closed directed fishing for shallow-water species by vessels
using trawl gear in the GOA under Sec. 679.21(d)(7)(i) on September 3,
2011 (76 FR 55726, September 7, 2011).
As of September 12, 2011, NMFS has determined that approximately
149 metric tons remain in the fourth seasonal apportionment of the 2011
Pacific halibut bycatch allowance specified for the trawl shallow-water
species fishery in the GOA. Therefore, in accordance with Sec.
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize
the fourth seasonal apportionment of the 2011 Pacific halibut bycatch
allowance specified for the trawl shallow-water species fishery in the
GOA, NMFS is terminating the previous closure and is opening directed
fishing for trawl shallow-water species by vessels using trawl gear in
the GOA. This will enhance the socioeconomic well-being of harvesters
dependent upon shallow-water species in this area. The Administrator,
Alaska Region (Regional Administrator) considered the following factors
in reaching this decision: (1) The current catch of halibut by trawl
vessels participating in the shallow-water species fisheries and, (2)
the harvest capacity and stated intent on future harvesting patterns of
vessels participating in this fishery.
In accordance with Sec. 679.21(d)(7)(i), the Regional
Administrator has determined that the fourth seasonal apportionment of
the Pacific halibut bycatch allowance specified for the trawl shallow-
water species fishery in the GOA will be reached after 48 hours.
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear in the GOA. The
species and species groups that comprise the shallow-water species
fishery are pollock, Pacific cod, shallow-water flatfish, flathead
sole, Atka mackerel, skates, and ``other species.'' This prohibition
does not apply to fishing for pollock by vessels using pelagic trawl
gear in those portions of the GOA open to directed fishing for pollock.
This inseason action does not apply to vessels fishing under a
cooperative quota permit in the cooperative fishery in the Rockfish
Program for the Central GOA.
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
[[Page 57680]]
interest as it would prevent NMFS from responding to the most recent
fisheries data in a timely fashion and would delay the opening of
directed fishing for shallow-water species by vessels using trawl gear
in the GOA. NMFS was unable to publish a notice providing time for
public comment because the most recent and relevant data only became
available as of September 12, 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 shallow-water species by vessels using trawl gear in the GOA 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
September 28, 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: September 13, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-23827 Filed 9-13-11; 4:15 pm]
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