[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70665-70666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29474]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA820
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian
Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; apportionment of reserves; request for
comments.
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SUMMARY: NMFS apportions amounts of the non-specified reserve to the
initial total allowable catch of Pacific ocean perch in the Bering Sea
subarea of the Bering Sea and Aleutian Islands management area. This
action is necessary to allow fishing operations to continue. It is
intended to promote the goals and objectives of the fishery management
plan for the Bering Sea and Aleutian Islands management area.
DATES: Effective November 9, 2011 through 2400 hrs, Alaska local time,
December 31, 2011. Comments must be received at the following address
no later than 4:30 p.m., Alaska local time, November 25, 2011.
ADDRESSES: You may submit comments on this document, identified NOAA-
NMFS-2011-0244, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal http://www.regulations.gov. To submit comments via the e-Rulemaking Portal,
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2011-
0244 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
that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to (907) 586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
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) 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: Steve Whitney, (907) 586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands (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 initial total allowable catch (ITAC) of Pacific ocean
perch in the Bering Sea subarea was established as 4,854 metric tons
(mt) by the final 2011 and 2012 harvest specifications for groundfish
of the BSAI (76 FR 11139, March 1, 2011). In accordance with Sec.
679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has
reviewed the most current available data and finds that the ITAC for
Pacific ocean perch in the Bering Sea subarea needs to be supplemented
from the non-specified reserve in order to promote efficiency in the
utilization of fishery resources in the BSAI and allow fishing
operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
from the non-specified reserve of groundfish 856 mt to the Pacific
ocean perch ITAC in the Bering Sea subarea. This apportionment is
consistent with Sec. 679.20(b)(1)(i) and does not result in
overfishing of a target species because the revised ITAC is equal to or
less than the specifications of the acceptable biological catch in the
final 2011 and 2012 harvest specifications for groundfish in the BSAI
(76 FR 11139, March 1, 2011).
The harvest specification for the 2011 Pacific ocean perch ITAC
included in the harvest specifications for groundfish in the BSAI is
revised as follows: 5,710 mt for Pacific ocean perch in the Bering Sea
subarea.
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 Sec. 679.20(b)(3)(iii)(A) as such a
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 apportionment of the non-specified
reserves of groundfish to the Pacific ocean perch fishery in the Bering
Sea subarea. Immediate notification is necessary to allow for the
orderly conduct and efficient operation of this fishery, to allow the
industry to plan for the fishing season, and to avoid potential
disruption to the fishing fleet and processors. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of November 8, 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.
[[Page 70666]]
Under Sec. 679.20(b)(3)(iii), interested persons are invited to
submit written comments on this action (see ADDRESSES) until November
30, 2011.
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: November 9, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-29474 Filed 11-9-11; 4:15 pm]
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