Fisheries of Exclusive Economic Zone Off Alaska:
Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)
Rules and Regulations
Page 39794
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-17043
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 101126522-0640-02
RIN 0648-XA539
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Catcher/Processors 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 species that comprise the shallow-water species fishery for catcher/processors subject to sideboard limits established under the Central Gulf of Alaska (GOA)
Rockfish Program in the GOA. This action is necessary because the 2011
Pacific halibut prohibited species catch (PSC) sideboard limit specified for the shallow-water species fishery for catcher/processors subject to sideboard limits established under the Central GOA Rockfish
Program in the GOA is insufficient to support directed fishing for the shallow-water species fisheries.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2011, through 1200 hrs, A.l.t., July 31, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
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. processors in accordance with the FMP appear at subpart
H of 50 CFR part 600 and 50 CFR part 679.
The 2011 Pacific halibut PSC sideboard limit specified for the shallow-water species fishery for catcher/processors subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is 11 metric tons, for the period 1200 hrs, A.l.t., July 1, 2011, through 1200 hrs, A.l.t., July 31, 2011, as established by Sec. 679.82(d), the final 2011 and 2012 harvest specifications for groundfish of the GOA (75 FR 11111, March 1, 2011), and as posted as the Catcher/Processor Sideboards at http://www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
In accordance with Sec. 679.82(d)(9)(i)(B), the Administrator,
Alaska Region, NMFS, has determined that the 2011 Pacific halibut PSC sideboard limit specified for the shallow-water species fishery for catcher/processors subject to sideboard limits established under the
Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the shallow-water species fisheries. Consequently, in accordance with Sec. 679.82(d)(9)(ii)(A), NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery for catcher/processors subject to sideboard limits established under the Central GOA Rockfish Program in the GOA. The species and species groups that comprise the shallow-water species fishery for the sideboard limit are shallow-water flatfish and flathead sole.
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. Notice and comment is unnecessary because there is insufficient halibut PSC sideboard limit to support a directed fishery and therefore the Regional Administrator has no discretion for any action other than to prohibit directed fishing.
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. 679.82 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 30, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
FR Doc. 2011-17043 Filed 7-1-11; 4:15 pm
BILLING CODE 3510-22-P
