[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57097-57098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22585]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3418-02]
RIN 0648-XC872


Fisheries of the Exclusive Economic Zone Off Alaska; Sharks 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; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting retention of sharks in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary 
because the 2013 total allowable catch (TAC) of sharks in the BSAI has 
been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 12, 
2013, through 2400 hrs, A.l.t., December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7269.

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.
    The 2013 TAC sharks in the BSAI is 100 metric tons (mt) as 
established by the final 2013 and 2014 final harvest specifications for 
groundfish of the GOA (78 FR 13813, March 1, 2013).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2013 TAC 
of sharks in the BSAI has been reached. Therefore, NMFS is requiring 
that sharks caught in the BSAI be treated as prohibited species in 
accordance with Sec.  679.21(b).

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

[[Page 57098]]

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 prohibiting the retention of sharks 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 September 10, 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. Sec.  679.20 and 679.21 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 11, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-22585 Filed 9-12-13; 4:15 pm]
BILLING CODE 3510-22-P