[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54591-54592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21615]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3148-02]
RIN 0648-XC851


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Greenland turbot in the 
Bering Sea subarea of the Bering Sea and Aleutian Islands Management 
Area (BSAI). This action is necessary to fully use the 2013 initial 
total allowable catch (ITAC) of Greenland turbot in the Bering Sea 
subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 
2013, through 2400 hrs, A.l.t., December 31, 2013. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 16, 2013.

ADDRESSES: You may submit comments on this document, identified by 
2012-0210, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0210, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     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.
    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

[[Page 54592]]

a part of the public record and will generally be posted for public 
viewing on 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: 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.
    NMFS closed directed fishing for Greenland turbot in the Bering Sea 
subarea of the BSAI under Sec.  679.20(d)(1)(iii) on May 1, 2013 (78 FR 
24361, April 25, 2013).
    NMFS has determined that as of August 28, 2013, approximately 650 
metric tons of Greenland turbot ITAC remains in the Bering Sea subarea 
of the BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2013 ITAC of 
Greenland turbot in the Bering Sea subarea of the BSAI, NMFS is 
terminating the previous closure and is opening directed fishing for 
Greenland turbot in the Bering Sea subarea of the BSAI. The 
Administrator, Alaska Region, NMFS, (Regional Administrator) considered 
the following factors in reaching this decision: (1) The current catch 
of Greenland turbot by vessels in the Bering Sea subarea of the BSAI 
and, (2) the harvest capacity and stated intent on future harvesting 
patterns of vessels in participating in this fishery.

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 Greenland turbot by 
vessels in the Bering Sea subarea of the BSAI. 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 
August 28, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Greenland turbot by vessels in the Bering Sea subarea of the BSAI 
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 September 16, 2013.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 30, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-21615 Filed 8-30-13; 4:15 pm]
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