[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Page 57537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22827]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 121018563-3418-02]
RIN 0648-XC876
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker
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; closure.
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SUMMARY: NMFS is prohibiting retention of shortraker rockfish in the
Bering Sea and Aleutian Islands management area (BSAI). This action is
necessary because the 2013 total allowable catch (TAC) of shortraker
rockfish in the BSAI has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 16,
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 exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands (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 for shortraker rockfish in the BSAI is 370 metric tons
(mt) as established by the final 2013 and 2014 final harvest
specifications for groundfish of the BSAI (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 shortraker rockfish in the BSAI has been reached. Therefore, NMFS is
requiring that shortraker rockfish 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 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 shortraker 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 September 13, 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 Sec. 679.21 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 16, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-22827 Filed 9-16-13; 4:15 pm]
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