[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Page 39794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17043]



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DEPARTMENT OF COMMERCE



National Oceanic and Atmospheric Administration



50 CFR Part 679



[Docket No. 101126522-0640-02]

RIN 0648-XA539




Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-

Water Species Fishery by Catcher/Processors 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 species that comprise 

the shallow-water species fishery for catcher/processors subject to 

sideboard limits established under the Central Gulf of Alaska (GOA) 

Rockfish Program in the GOA. This action is necessary because the 2011 

Pacific halibut prohibited species catch (PSC) sideboard limit 

specified for the shallow-water species fishery for catcher/processors 

subject to sideboard limits established under the Central GOA Rockfish 

Program in the GOA is insufficient to support directed fishing for the 

shallow-water species fisheries.



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

through 1200 hrs, A.l.t., July 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. processors in accordance with the FMP appear at subpart 

H of 50 CFR part 600 and 50 CFR part 679.

    The 2011 Pacific halibut PSC sideboard limit specified for the 

shallow-water species fishery for catcher/processors subject to 

sideboard limits established under the Central GOA Rockfish Program in 

the GOA is 11 metric tons, for the period 1200 hrs, A.l.t., July 1, 

2011, through 1200 hrs, A.l.t., July 31, 2011, as established by Sec.  

679.82(d), the final 2011 and 2012 harvest specifications for 

groundfish of the GOA (75 FR 11111, March 1, 2011), and as posted as 

the Catcher/Processor Sideboards at http://www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.

    In accordance with Sec.  679.82(d)(9)(i)(B), the Administrator, 

Alaska Region, NMFS, has determined that the 2011 Pacific halibut PSC 

sideboard limit specified for the shallow-water species fishery for 

catcher/processors subject to sideboard limits established under the 

Central GOA Rockfish Program in the GOA is insufficient to support 

directed fishing for the shallow-water species fisheries. Consequently, 

in accordance with Sec.  679.82(d)(9)(ii)(A), NMFS is prohibiting 

directed fishing for species that comprise the shallow-water species 

fishery for catcher/processors subject to sideboard limits established 

under the Central GOA Rockfish Program in the GOA. The species and 

species groups that comprise the shallow-water species fishery for the 

sideboard limit are shallow-water flatfish and flathead sole.

    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 is insufficient halibut PSC sideboard limit to support a 

directed fishery 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. 2011-17043 Filed 7-1-11; 4:15 pm]

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