[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53840-53841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22139]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA672


Fisheries of the Exclusive Economic Zone Off Alaska; Other 
Rockfish, Other Flatfish, Sharks, and Skates in the Bering Sea and 
Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch of other rockfish, other flatfish, 
sharks, and skates in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to allow the fisheries to 
continue operating. It is intended to promote the goals and objectives 
of the fishery management plan for the BSAI management area.

DATES: Effective August 25, 2011 through 2400 hrs, Alaska local time, 
December 31, 2011. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, September 9, 2011.

ADDRESSES: Send comments to Glenn Merrill, Assistant Regional 
Administrator, Alaska Region, NMFS, Attn: Ellen Sebastian. You may 
submit comments, identified by FDMS Docket Number NOAA-NMFS-2011-0212, 
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. To submit comments via the e-Rulemaking Portal, 
first click the ``submit a comment'' icon, then enter [NOAA-NMFS-2011-
0212] in the keyword search. Locate the document you wish to comment on 
from the resulting list and click on the ``Submit a Comment'' icon on 
the right of that line.
     Mail: Submit written comments to 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.
    Comments must be submitted by one of the above methods to ensure 
that the comments are received, documented, and considered by NMFS. 
Comments sent by any other method, to any other address or individual, 
or received after the end of the comment period, may not be considered.
    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: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(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 initial total allowable catch (ITAC) of Aleutian Islands 
(AI) other rockfish, BSAI other flatfish, BSAI sharks, and BSAI skates 
was established as 425 metric tons (mt), 2,550 mt, 43 mt, and 14,025 
mt, respectively, by the final 2011 and 2012 harvest specifications for 
groundfish of the BSAI (76 FR 11139, March 1, 2011). In accordance with 
Sec.  679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has 
reviewed the most current available data and finds that the ITACs for 
AI other rockfish, BSAI other flatfish, BSAI sharks, and BSAI skates in 
the BSAI need to be supplemented from the non-specified reserve in 
order to promote efficiency in the utilization of fishery resources in 
the BSAI and allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish

[[Page 53841]]

75 mt, 450 mt, 7 mt, and 2,475 mt to the AI other rockfish, BSAI other 
flatfish, BSAI sharks, and BSAI skates ITACs, respectively. This 
apportionment is consistent with Sec.  679.20(b)(1)(i) and does not 
result in overfishing of a target species because the revised ITACs are 
equal to or less than the specifications of the acceptable biological 
catch in the final 2011 and 2012 harvest specifications for groundfish 
in the BSAI (76 FR 11139, March 1, 2011).
    The harvest specification for the 2011 AI other rockfish, BSAI 
other flatfish, BSAI sharks, and BSAI skates ITACs included in the 
harvest specifications for groundfish in the BSAI is revised as 
follows: 500 mt for AI other rockfish, 3,000 mt for BSAI other 
flatfish, 50 mt for BSAI sharks, and 16,500 mt for BSAI skates.

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) and Sec.  679.20(b)(3)(iii)(A) as such a 
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 apportionment of the non-specified 
reserves of groundfish to the AI other rockfish, BSAI other flatfish, 
BSAI sharks, and BSAI skates fisheries in the BSAI. Immediate 
notification is necessary to allow for the orderly conduct and 
efficient operation of this fishery, to allow the industry to plan for 
the fishing season, and to avoid potential disruption to the fishing 
fleet and processors. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of August 24, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until September 
9, 2011.
    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: August 25, 2011.
 James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-22139 Filed 8-25-11; 4:15 pm]
BILLING CODE 3510-22-P