[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Rules and Regulations]
[Page 42718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17153]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3148-02]
RIN 0648-XC757


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in 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 Pacific ocean perch 
in the Western Aleutian district (WAI) of the Bering Sea and Aleutian 
Islands management area (BSAI) by vessels participating in the BSAI 
trawl limited access fishery. This action is necessary to prevent 
exceeding the 2013 total allowable catch (TAC) of Pacific ocean perch 
in this area allocated to vessels participating in the BSAI trawl 
limited access fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 12, 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 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 2013 TAC of Pacific ocean perch, in the WAI, allocated to 
vessels participating in the BSAI trawl limited access fishery was 
established as a directed fishing allowance of 182 metric tons 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)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
ocean perch in the WAI by vessels participating in the BSAI trawl 
limited access fishery.
    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 Acting 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 Pacific ocean perch directed 
fishery in the WAI for vessels participating in the BSAI trawl limited 
access fishery. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of July 10, 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: July 12, 2013.
Galen Tromble,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-17153 Filed 7-12-13; 4:15 pm]
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