Fisheries of the Exclusive Economic Zone Off Alaska:

Federal Register Volume 76, Number 167 (Monday, August 29, 2011)

Rules and Regulations

Pages 53658-53659

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

FR Doc No: 2011-22012

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 101126522-0640-02

RIN 0648-XA659

Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in

Statistical Area 630 in the Gulf of Alaska

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

SUMMARY: NMFS is prohibiting directed fishing for pollock in

Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2011 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 27, 2011, through 1200 hrs, A.l.t., October 1, 2011.

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.

The C season allowance of the 2011 TAC of pollock in Statistical

Area 630 of the GOA is 6,811 metric tons (mt) as established by the final 2011 and 2012 harvest specifications for groundfish of the GOA

(76 FR 11111, March 1, 2011).

In accordance with Sec. 679.20(d)(1)(i), the Regional

Administrator has

Page 53659

determined that the C season allowance of the 2011 TAC of pollock in

Statistical Area 630 of the GOA will soon be reached. Therefore, the

Regional Administrator is establishing a directed fishing allowance of 6,761 mt, and is setting aside the remaining 50 mt as bycatch to support other anticipated groundfish fisheries. 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 pollock in Statistical Area 630 of the

GOA.

After the effective date 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 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 closure of pollock in Statistical Area 630 of the GOA.

NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of

August 22, 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.

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: August 24, 2011.

James P. Burgess,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

FR Doc. 2011-22012 Filed 8-24-11; 4:15 pm

BILLING CODE 3510-22-P

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