[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Rules and Regulations]
[Pages 42023-42024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16764]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 121018563-3148-02]
RIN 0648-XC752
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel 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 Atka mackerel in the
Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands
Management Area (BSAI) by vessels participating in the BSAI trawl
limited access fishery. This action is necessary to fully use the 2013
total allowable catch (TAC) of Atka mackerel in the CAI by vessels
participating in the BSAI trawl limited access fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 9, 2013,
through 2400 hrs, A.l.t., December 31, 2013. Comments must be received
on or before July 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.
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: 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.
NMFS closed directed fishing for Atka mackerel in the CAI by
vessels participating in the BSAI trawl limited access fishery under
Sec. 679.2(d)(1)(iii) on June 11, 2013 (78 FR 35771, June 14, 2013).
As of July 8, 2013, NMFS has determined that TAC of Atka mackerel
in the CAI for vessels participating in the BSAI trawl limited access
fishery remains to support directed fishing. 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 Atka mackerel in the BSAI, NMFS is
terminating the previous closure and is opening directed fishing for
Atka mackerel in the CAI for vessels participating in the BSAI trawl
limited access fishery. 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 Atka mackerel in the CAI for vessels
participating in the BSAI trawl limited access fishery 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 opening directed fishing for
Atka mackerel in the CAI by vessels participating in the BSAI trawl
limited access fishery. NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant data only
became available as of July 8, 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 Atka mackerel in the CAI by vessels participating in the BSAI trawl
limited access fishery 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 July 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.
[[Page 42024]]
Dated: July 9, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-16764 Filed 7-9-13; 4:15 pm]
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