[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59064-59065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24499]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-02]
RIN 0648-XA722
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
[[Page 59065]]
vessels using trawl gear in the Gulf of Alaska (GOA). 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 of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 20,
2011. Comments must be received at the following address no later than
4:30 p.m., A.l.t., October 11, 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 RIN 0648-
XA722, 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: Submit written comments to 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.
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 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: Josh Keaton, 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) and subsequent reopener from
September 14, 2011 to September 16, 2011 (76 FR 57679, September 16,
2011).
As of September 19, 2011, NMFS has determined that approximately
481 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 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.
The species and species groups that comprise the shallow-water
species fishery are pollock, Pacific cod, shallow-water flatfish,
flathead sole, Atka mackerel, skates, sharks, sculpins, and octopus.
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 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 19, 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
October 5, 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 20, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-24499 Filed 9-20-11; 4:15 pm]
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