[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39793-39794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17042]



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DEPARTMENT OF COMMERCE



National Oceanic and Atmospheric Administration



50 CFR Part 679



[Docket No. 101126522-0640-02]

RIN 0648-XA538




Fisheries of the Exclusive Economic Zone Off Alaska; Northern 

Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish for Catcher 

Vessels Participating in the Limited Access Rockfish Fishery in the 

Central Regulatory Area of 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 northern rockfish, 

Pacific ocean perch, and pelagic shelf rockfish for catcher vessels 

participating in the limited access rockfish fishery in the Central 

Regulatory Area of the Gulf of Alaska (GOA). This action is necessary 

to prevent exceeding the 2011 total allowable catch (TAC) of northern 

rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to 

catcher vessels participating in the limited access rockfish fishery in 

the Central Regulatory Area of the GOA.



DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2011, 

through 2400 hrs, A.l.t., December 31, 2011.



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 2011 rockfish TACs allocated as directed fishing allowances to 

catcher vessels participating in the limited access rockfish fishery in 

the Central Regulatory Area of the GOA are: 0 metric tons (mt) for 

Pacific ocean perch, 2 mt for northern rockfish, and 0 mt for pelagic 

shelf rockfish as established by the final 2011 and 2012 harvest 

specifications for groundfish of the GOA (76 FR 11111, March 1, 2011), 

and as posted as the 2011 Rockfish Program Allocations at http://



[[Page 39794]]



www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.

    Consequently, in accordance with Sec.  679.82(b)(6), the 

Administrator, Alaska Region, NMFS, deems it appropriate to not open 

directed fishing for northern rockfish, Pacific ocean perch, and 

pelagic shelf rockfish for catcher vessels participating in the limited 

access rockfish fishery in the Central Regulatory Area of the GOA 

because there are insufficient allocations to support directed fishing.

    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. Notice and comment is unnecessary 

because there are insufficient allocations to support directed fishing 

and therefore the Regional Administrator has no discretion for any 

action other than to prohibit directed fishing.

    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.  679.82 and is 

exempt from review under Executive Order 12866.



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



    Dated: June 30, 2011.

Margo Schulze-Haugen,

Acting Director, Office of Sustainable Fisheries, National Marine 

Fisheries Service.

[FR Doc. 2011-17042 Filed 7-1-11; 4:15 pm]

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