[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36436-36437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15104]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD348


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole for the Bering Sea and Aleutian Islands Trawl Limited Access 
Sector 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 closure.

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SUMMARY: NMFS is opening directed fishing for the Bering Sea and 
Aleutian Islands trawl limited access sector's yellowfin sole fishery 
in the Bering Sea and Aleutian Islands Management Area (BSAI). This 
action is necessary to fully use the 2014 total allowable catch (TAC) 
of yellowfin sole for the BSAI trawl limited access sector in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 25, 2014, 
through 2400 hrs, A.l.t., December 31, 2014. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., July 9, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0152, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/

[[Page 36437]]

!docketDetail;D=NOAA-NMFS-2013-0152, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments.
     Mail: Submit 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 sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are 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), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. 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, 
Excel, or Adobe PDF file formats only.

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

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.
    Pursuant to the final 2014 and 2015 harvest specifications for 
groundfish in the BSAI (79 FR 12108, March 4, 2014), NMFS closed the 
directed fishery for yellowfin sole for the BSAI trawl limited access 
sector on May 18, 2014 (79 FR 29136, May 21, 2014) under Sec.  
679.21(e)(7)(v).
    As of June 18, 2014, NMFS has determined that approximately 60 
metric tons of 2014 Pacific halibut bycatch allowance specified for 
vessels participating in the BSAI trawl limited access yellowfin sole 
fishery remains unharvested as established by the final 2014 and 2015 
harvest specifications for groundfish in the BSAI (79 FR 12108, March 
4, 2014) and reapportionment published in the Federal Register on June 
25, 2014. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2014 TAC of 
yellowfin sole for the BSAI trawl limited access sector in the BSAI, 
NMFS is terminating the previous closure and is opening directed 
fishing for yellowfin sole for the BSAI trawl limited access sector in 
the BSAI. This will enhance the socioeconomic well-being of harvesters 
in this area. The Administrator, Alaska Region (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current catch of yellowfin sole and halibut PSC by the BSAI trawl 
limited access sector in 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 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) and Sec.  679.25(c)(1)(ii) 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 yellowfin sole 
for the BSAI trawl limited access sector in 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 June 20, 2014.
    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 yellowfin sole for the BSAI trawl limited access sector in 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 July 9, 2014.
    This action is required by Sec. Sec.  679.20, 679.21, and 679.25 
and is exempt from review under Executive Order 12866.

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

    Dated: June 24, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-15104 Filed 6-24-14; 4:15 pm]
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