[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76902-76903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA857


Fisheries of the Exclusive Economic Zone Off Alaska; Sculpins 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; 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 sculpins in the Bering Sea subarea of 
the Bering Sea and Aleutian Islands management area. This action is 
necessary to allow fishing operations to continue. It is intended to 
promote the goals and objectives of the fishery management plan for the 
Bering Sea and Aleutian Islands management area.

DATES: Effective December 6, 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, December 21, 2011.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2011-0283, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov. To submit comments via the e-Rulemaking Portal, 
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2011-
0283 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 
that line.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
     Fax: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Fax comments to (907) 586-7557.
     Hand delivery to the Federal Building: Address written 
comments to Glenn Merrill, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen 
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau, 
AK.
    Instructions: 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 for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address) submitted voluntarily by the sender 
will 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 or Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, (907) 586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (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 sculpins in the 
Bering Sea subarea was established as 4,420 metric tons (mt) 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 ITAC for sculpins in the 
Bering Sea subarea needs 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 780 mt to the sculpins 
ITAC in the Bering Sea subarea. This apportionment is consistent with 
Sec.  679.20(b)(1)(i) and does not result in overfishing of a target 
species because the revised ITAC is 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 sculpins ITAC included in 
the harvest specifications for groundfish in the BSAI is revised as 
follows: 5,200 mt for sculpins in the Bering Sea subarea.

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

[[Page 76903]]

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 sculpins fishery in the Bering Sea subarea. 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 November 30, 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 December 
21, 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: December 5, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-31674 Filed 12-6-11; 4:15 pm]
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