Fisheries of the Exclusive Economic Zone Off Alaska:

Federal Register: February 28, 2011 (Volume 76, Number 39)

Rules and Regulations

Page 10779-10780

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr28fe11-7

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 0910131362-0087-02

RIN 0648-XA237

Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in

Statistical Area 610 in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

SUMMARY: NMFS is opening directed fishing for pollock in Statistical

Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2011 total allowable catch (TAC) of pollock in Statistical Area 610 of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 27, 2011, through 1200 hrs, A.l.t., March 10, 2011. Comments must be received at the following address no later than 4:30 p.m., A.l.t.,

March 10, 2011.

ADDRESSES: Send comments to James W. Balsiger, Regional Administrator,

Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-XA237, by any one of the following methods:

Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov.

Mail: P.O. Box 21668, Juneau, AK 99802.

Fax: (907) 586-7557.

Hand delivery to the Federal Building: 709 West 9th

Street, Room 420A, Juneau, AK.

Instructions: All comments received are a part of the public record. Comments will generally be posted without change. All Personal

Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may 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). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (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 pollock in Statistical Area 610 of the GOA under Sec. 679.20(d)(1)(iii) on January 23, 2011 (76 FR 4082,

January 24, 2011).

Page 10780

As of February 16, 2011, NMFS has determined that approximately 4,693 metric tons of pollock remain in the directed fishing allowance for pollock in Statistical Area 610 of the GOA. Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and

(a)(2)(iii)(D), and to fully utilize the A season allowance of the 2011

TAC of pollock in Statistical Area 610 of the GOA, NMFS is terminating the previous closure and is reopening directed fishing pollock in

Statistical Area 610 of the GOA. The Administrator, Alaska Region

(Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of pollock in Statistical Area 610 of the GOA 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 the pollock fishery in Statistical Area 610 of the GOA. 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 February 15, 2011.

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 pollock fishery in Statistical Area 610 of the GOA 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 March 10, 2011.

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: February 23, 2011.

Margo Schulze-Haugen,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

FR Doc. 2011-4366 Filed 2-23-11; 4:15 pm

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