[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Rules and Regulations]
[Pages 3044-3045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1006]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XA156


Fisheries of the Exclusive Economic Zone Off Alaska; Sculpins, 
Sharks, Squid, and Octopus in the Gulf of Alaska

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 directed fishing for sculpins, sharks, 
squid, and octopus in the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2011 total allowable catch (TAC) of 
sculpins, sharks, squid, and octopus in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 13, 
2011, through 2400 hrs, A.l.t., December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

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 2011 TAC of sculpins, sharks, squid, and octopus in the GOA is 
4,500 metric tons (mt) as established by the final 2010 and 2011 
harvest specifications for groundfish of the GOA (75 FR 11749, March 
12, 2010).
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Regional Administrator has determined that the 2011 TAC of sculpins, 
sharks, squid and octopus in the GOA will be taken as incidental catch 
in directed fishing for other species. Therefore, the Regional 
Administrator is establishing a directed fishing allowance for 
sculpins, sharks, squid and octopus of 0 mt. In accordance with 
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance has been reached. Consequently, NMFS is prohibiting 
directed fishing for sculpins, sharks, squid and octopus in the GOA.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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 the closure of sculpins, sharks, squid, and octopus in the 
GOA. NMFS

[[Page 3045]]

was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
January 12, 2011.
    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 is exempt from review 
under Executive Order 12866.

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

    Dated: January 13, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-1006 Filed 1-13-11; 4:15 pm]
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