[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Rules and Regulations]
[Pages 35572-35573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13990]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 121018563-3148-02]
RIN 0648-XC722
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
[[Page 35573]]
Management Area (BSAI). This action is necessary to fully use the 2013
total allowable catch (TAC) of northern rockfish in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 7, 2013,
through 2400 hrs, A.l.t., December 31, 2013. Comments must be received
at the following address no later than 4:30 p.m., A.l.t., June 24,
2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0210, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0210, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
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
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: Obren Davis, 907-586-7228.
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 2013 and 2014 harvest specifications for
groundfish in the BSAI (78 FR 13813, March 1, 2013), NMFS closed the
directed fishery for northern rockfish under Sec. 679.2(d)(1)(iii).
As of June 6, 2013, NMFS has determined that approximately 2,767
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 2013 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 Acting 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. 679.25(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 6, 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.
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 June 24, 2013.
This action is required by Sec. Sec. 679.20 and 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 7, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-13990 Filed 6-7-13; 4:15 pm]
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