[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39790-39791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17044]



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DEPARTMENT OF COMMERCE



National Oceanic and Atmospheric Administration



50 CFR Part 679



[Docket No. 101126522-0640-02]

RIN 0648-XA543




Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 

Ocean Perch for Catcher Vessels Participating in the Rockfish Entry 

Level Trawl 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 Pacific ocean perch 

by trawl catcher vessels participating in the rockfish entry level 

fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). 

This action is necessary



[[Page 39791]]



to prevent exceeding the 2011 directed fishing allowance of Pacific 

ocean perch for trawl catcher vessels participating in the rockfish 

entry level fishery in the Central Regulatory Area of the GOA.



DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 3, 2011, 

through 1200 hrs, A.l.t., September 1, 2011.



FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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 directed fishing allowance of Pacific ocean perch 

allocated to trawl catcher vessels participating in the entry level 

rockfish fishery in the Central Regulatory Area is 375 metric tons as 

established by the final 2011 and 2012 harvest specifications for 

groundfish in the GOA (76 FR 11111, March 1, 2011).

    The Administrator, Alaska Region, NMFS (Regional Administrator), 

has determined that the 2011 directed fishing allowance of Pacific 

ocean perch for trawl catcher vessels participating in the entry level 

rockfish fishery in the Central Regulatory Area will soon be reached. 

Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 

prohibiting directed fishing for Pacific ocean perch by trawl catcher 

vessels participating in the entry level rockfish fishery in the 

Central Regulatory Area of 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



    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 Pacific ocean perch by trawl catcher vessels participating in the 

rockfish entry level fishery in the Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice providing time for public comment 

because the most recent, relevant data only became available as of June 

30, 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: July 1, 2011.

James P. Burgess,

Acting Director, Office of Sustainable Fisheries, National Marine 

Fisheries Service.

[FR Doc. 2011-17044 Filed 7-1-11; 4:15 pm]

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