[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Rules and Regulations]
[Page 29248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11950]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 121018563-3418-02]
RIN 0648-XC687
Fisheries of the Exclusive Economic Zone Off Alaska; Alaska
Plaice 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 Alaska plaice in the Bering
Sea and Aleutian Islands management area (BSAI). This action is
necessary because the 2013 initial total allowable catch (ITAC) of
Alaska plaice in the BSAI has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 15, 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
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 ITAC Alaska plaice in the BSAI is 17,000 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
ITAC of Alaska plaice in the BSAI has been reached. Therefore, NMFS is
requiring that Alaska plaice 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 Alaska plaice 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 May
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. 679.20 and Sec. 679.21 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 15, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-11950 Filed 5-15-13; 4:15 pm]
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