[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39789-39790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17047]



=======================================================================

-----------------------------------------------------------------------



DEPARTMENT OF COMMERCE



National Oceanic and Atmospheric Administration



50 CFR Part 679



[Docket No. 101126522-0640-02]

RIN 0648-XA546




Fisheries of the Exclusive Economic Zone Off Alaska; Northern 

Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels 

Participating in the Entry Level 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.



-----------------------------------------------------------------------



SUMMARY: NMFS deems it appropriate to not open directed fishing for 

northern rockfish and pelagic shelf rockfish (PSR) for trawl catcher 

vessels participating in the entry level rockfish fishery in the 

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

necessary to prevent exceeding the 2011 allocation of northern rockfish 

and PSR to trawl catcher vessels participating in the entry level 

rockfish fishery in the Central Regulatory Area of the GOA.



DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 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 allocations of northern rockfish and PSR for vessels 

participating in the entry level trawl fishery in the Central 

Regulatory Area of the GOA are 0 metric tons as established by the 

final 2011 and 2012 harvest specifications for groundfish in the GOA 

(76 FR 11111, March 1, 2011).

    Consequently, in accordance with Sec.  679.83(a)(3), the 

Administrator, Alaska Region, NMFS, deems it appropriate for 

conservation and management purposes to not open directed fishing for 

northern rockfish and PSR for trawl catcher



[[Page 39790]]



vessels participating in the entry level rockfish fishery in the 

Central Regulatory Area of the GOA, because there is no available 

allocation for 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 is no available fish for an allocation 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.  679.83 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. 2011-17047 Filed 7-1-11; 4:15 pm]

BILLING CODE 3510-22-P