[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59064-59065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24499]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126522-0640-02]
RIN 0648-XA722


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species by Vessels Using Trawl Gear in 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 shallow-water species by

[[Page 59065]]

vessels using trawl gear in the Gulf of Alaska (GOA). This action is 
necessary to fully use the fourth seasonal apportionment of the 2011 
Pacific halibut bycatch allowance specified for the trawl shallow-water 
species fishery in of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 20, 
2011. Comments must be received at the following address no later than 
4:30 p.m., A.l.t., October 11, 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-
XA722, 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: 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: Josh Keaton, 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.
    NMFS closed directed fishing for shallow-water species by vessels 
using trawl gear in the GOA under Sec.  679.21(d)(7)(i) on September 3, 
2011 (76 FR 55726, September 7, 2011) and subsequent reopener from 
September 14, 2011 to September 16, 2011 (76 FR 57679, September 16, 
2011).
    As of September 19, 2011, NMFS has determined that approximately 
481 metric tons remain in the fourth seasonal apportionment of the 2011 
Pacific halibut bycatch allowance specified for the trawl shallow-water 
species fishery in the GOA. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize 
the fourth seasonal apportionment of the 2011 Pacific halibut bycatch 
allowance specified for the trawl shallow-water species fishery in the 
GOA, NMFS is terminating the previous closure and is opening directed 
fishing for shallow-water species by vessels using trawl gear in the 
GOA. This will enhance the socioeconomic well-being of harvesters 
dependent upon shallow-water species in this area. The Administrator, 
Alaska Region (Regional Administrator) considered the following factors 
in reaching this decision: (1) The current catch of halibut by trawl 
vessels participating in the shallow-water species fisheries and, (2) 
the harvest capacity and stated intent on future harvesting patterns of 
vessels participating in this fishery.
    The species and species groups that comprise the shallow-water 
species fishery are pollock, Pacific cod, shallow-water flatfish, 
flathead sole, Atka mackerel, skates, sharks, sculpins, and octopus.

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 directed fishing for shallow-water species 
by vessels using trawl gear in 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 September 19, 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 inseason adjustment, NMFS could not allow the fishery 
for shallow-water species by vessels using trawl gear in 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 
October 5, 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: September 20, 2011.
 Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-24499 Filed 9-20-11; 4:15 pm]
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