[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Page 54716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22567]



[[Page 54716]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126522-0640-02]
RIN 0648-XA678


Fisheries of the Exclusive Economic Zone off Alaska; Northern 
Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish for Vessels 
Participating in the Rockfish Entry Level Fishery

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 northern rockfish, 
Pacific ocean perch, and pelagic shelf rockfish for vessels 
participating in the rockfish entry level fishery in the Central 
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary 
to prevent exceeding the 2011 total allowable catch (TAC) of northern 
rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to 
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.), September 1, 
2011, through 2400 hrs, A.l.t., December 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. vessels in accordance with the FMP appear at subpart H 
of 50 CFR part 600 and 50 CFR part 679.
    The 2011 TACs allocated to vessels participating in the entry level 
rockfish fishery in the Central Regulatory Area of the Gulf of Alaska 
are: 494 metric tons (mt) for Pacific ocean perch, 109 mt for northern 
rockfish, and 148 mt for pelagic shelf rockfish as established by the 
final 2011 and 2012 harvest specifications (76 FR 11111, March 1, 2011) 
for groundfish in the GOA. Section 679.83(a)(2) allows trawl or 
longline gear vessels participating in the entry level rockfish fishery 
to harvest any unused northern rockfish, Pacific ocean perch, and 
pelagic shelf rockfish after 1200 hrs, A.l.t., September 1, 2011.
    As of September 1, 2011, 54 mt for Pacific ocean perch, 109 mt for 
northern rockfish, and 135 mt for pelagic shelf rockfish remain in the 
total entry level allocated TACs. In accordance with Sec.  
679.83(a)(3), the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that the remaining 2011 TAC of northern 
rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to 
vessels participating in the entry level longline rockfish fishery in 
the Central Regulatory Area of the GOA is insufficient to support 
directed fishing. Consequently, NMFS is prohibiting directed fishing 
for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish 
for trawl and longline vessels participating in the rockfish entry 
level 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) and Sec.  679.81(h)(5) 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. 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 northern rockfish, Pacific ocean perch, and 
pelagic shelf rockfish for 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 August 29, 
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: August 30, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-22567 Filed 8-30-11; 4:15 pm]
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