[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Rules and Regulations]
[Page 40838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17482]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126522-0640-02]
RIN 0648-XA558


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; modification of a closure.

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SUMMARY: NMFS is opening 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) for 48 
hours. This action is necessary to fully use 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 7, 2011, 
through 1200 hrs, A.l.t., July 9, 2011. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., July 22, 2011.

ADDRESSES: Send comments to Glenn Merrill, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XA558, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

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.
    NMFS closed directed fishing for Pacific ocean perch by trawl 
catcher vessels participating in the rockfish entry level fishery in 
the Central Regulatory Area of the GOA under Sec.  679.20(d)(1)(iii) on 
July 3, 2011 (publication in the Federal Register pending).
    NMFS has determined that approximately 190 metric tons of Pacific 
ocean perch remain in the directed fishing allowance. Therefore, in 
accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully utilize the 2011 directed fishing for 
Pacific ocean perch by trawl catcher vessels participating in the 
rockfish entry level fishery in the Central Regulatory Area of the GOA, 
NMFS is terminating the previous closure and is reopening directed 
fishing for Pacific ocean perch by trawl catcher vessels participating 
in the rockfish entry level fishery in the Central Regulatory Area of 
the GOA. This will enhance the socioeconomic well-being of harvesters 
dependent upon Pacific ocean perch in this area. The Administrator, 
Alaska Region (Regional Administrator) considered the following factors 
in reaching this decision: (1) The current catch of Pacific ocean perch 
by trawl catcher vessels participating in the rockfish entry level 
fishery and, (2) the harvest capacity and stated intent on future 
harvesting patterns of vessels participating in this fishery.
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance will be 
reached after 48 hours. Consequently, 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 GOA effective 1200 hrs, A.l.t., July 9, 2011.

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 opening 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 and relevant 
data only became available as of July 6, 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.
    Without this in-season adjustment, NMFS could not allow the fishery 
for Pacific ocean perch by trawl catcher vessels participating in the 
rockfish entry level fishery in the Central Regulatory Area of the GOA 
to be harvested in an expedient manner and in accordance with the 
regulatory schedule. Under Sec.  679.25(c)(2), interested persons are 
invited to submit written comments on this action to the above address 
until July 22, 2011.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: July 7, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-17482 Filed 7-7-11; 4:15 pm]
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