[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Page 24362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09810]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3148-02]
RIN 0648-XC369


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Aleutian Islands 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 Greenland turbot in 
the Aleutian Islands subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2013 Greenland turbot initial total allowable catch (ITAC) in the 
Aleutian Islands subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 2013, 
through 2400 hrs, A.l.t., December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 2013 Greenland turbot ITAC in the Aleutian Islands subarea of 
the BSAI is 383 metric tons (mt) as established by the final 2013 and 
2014 harvest specifications for groundfish in the BSAI (78 FR 13813, 
March 1, 2013). In accordance with Sec.  679.20(d)(1)(i), the 
Administrator, Alaska Region, NMFS, has determined that the 2013 
Greenland turbot ITAC in the Aleutian Islands subarea of the BSAI will 
be needed as incidental catch to support other groundfish fisheries. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 0 mt, and is setting aside the remaining 383 mt as 
incidental catch. 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 
Greenland turbot in the Aleutian Islands subarea of the BSAI.
    After the effective date 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 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 Greenland turbot in the Aleutian Islands 
subarea of the BSAI. NMFS was unable to publish a notice providing time 
for public comment because the most recent, relevant data only became 
available as of April 19, 2013.
    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: April 22, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-09810 Filed 4-24-13; 8:45 am]
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