[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Rules and Regulations]
[Pages 56837-56838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22463]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3418-02]
RIN 0648-XC869


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
Rockfish'' in the Aleutian Island 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 retention of ``other rockfish'' in the 
Aleutian Islands subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary because the 2013 total 
allowable catch (TAC) of ``other rockfish'' in the BSAI has been 
reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 11, 
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 (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 ``other rockfish'' in the Aleutian Islands subarea of 
the BSAI is 473 metric tons (mt) as established by the final 2013 and 
2014 final harvest specifications for groundfish of the BSAI (78 FR 
13813, March 1, 2013).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2013 TAC 
of ``other rockfish'' in the Aleutian Islands subarea of the BSAI has 
been reached. Therefore, NMFS is requiring that ``other rockfish'' 
caught in the Aleutian Islands subarea of the BSAI be treated as 
prohibited species in accordance with Sec.  679.21(b).

[[Page 56838]]

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 prohibiting the retention of ``other rockfish'' 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 September 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 Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 11, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-22463 Filed 9-11-13; 4:15 pm]
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