[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24361-24362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09820]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 121018563-3148-02]
RIN 0648-XC638
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland
Turbot 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Greenland turbot in
the Bering Sea subarea of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the 2013 Greenland turbot initial total allowable catch (ITAC) in the
Bering Sea subarea of the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 2013,
through 2400 hrs, A.l.t., December 31, 2013.
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.
The 2013 Greenland turbot ITAC in the Bering Sea subarea of the
BSAI is 1,369 metric tons (mt) as established by the final 2013 and
2014 harvest specifications for groundfish in the BSAI (78 FR 13813,
March 1, 2013). In accordance with Sec. 679.20(d)(1)(i), the
Administrator, Alaska Region, NMFS, has determined that the 2013
Greenland turbot ITAC in the Bering Sea subarea of the BSAI will be
needed as incidental catch to support other groundfish fisheries.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 0 mt, and is setting aside the remaining 1,369 mt
as incidental catch. In accordance with Sec. 679.20(d)(1)(iii), the
Regional Administrator finds that this directed fishing allowance has
been reached. Consequently, NMFS is prohibiting directed fishing for
Greenland turbot in the Bering Sea subarea of the BSAI.
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 directed fishing closure of Greenland turbot in the
Bering Sea subarea of 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 April 19, 2013.
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. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
[[Page 24362]]
Dated: April 22, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-09820 Filed 4-24-13; 8:45 am]
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