[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Page 71913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30000]



[[Page 71913]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA834


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
Flatfish'' in the Bering Sea Subarea of the Bering Sea and Aleutian 
Islands Management Area

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 ``other flatfish'' in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the 2011 allocation of ``other 
flatfish'' in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 16, 
2011, through 2400 hrs, A.l.t., December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, (907) 586-7269.

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 TAC of ``other flatfish'' in the Bering Sea Subarea is 
3,000 metric tons (mt) established by the final 2011 and 2012 harvest 
specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) 
and apportionment of the reserves (76 FR 53840, August 30, 2011).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the TAC of ``other flatfish'' 
in the BSAI will soon be reached. Therefore, the Regional Administrator 
is establishing a directed fishing allowance of 2,900 mt, and is 
setting aside the remaining 100 mt as bycatch to support other 
anticipated groundfish fisheries. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance has been reached. Consequently, NMFS is prohibiting 
directed fishing for ``other flatfish'' in the BSAI.
    ``Other flatfish'' includes all flatfish species, except for 
halibut (a prohibited species), Alaska plaice, arrowtooth flounder, 
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and 
yellowfin sole.
    After the effective dates 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 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 closure of the ``other flatfish'' fishery in the Bering 
Sea Subarea of the BSAI. NMFS was unable to publish a notice providing 
time for public comment because the most recent and relevant data only 
became available as of November 14, 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: November 16, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-30000 Filed 11-16-11; 4:15 pm]
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