Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-Water Species by Vessels Using Trawl Gear in the Gulf of Alaska, 57679-57680 [2011-23827]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57679-57680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23827]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126522-0640-02]
RIN 0648-XA704


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species by Vessels Using Trawl Gear 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.

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SUMMARY: NMFS is opening directed fishing for shallow-water species by 
vessels using trawl gear in the Gulf of Alaska (GOA) for 48 hours. This 
action is necessary to fully use the fourth seasonal apportionment of 
the 2011 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 14, 
2011, through 1200 hrs, A.l.t., September 16, 2011. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 28, 2011.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2011-0224, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal Web site at https://www.regulations.gov. To submit comments via the e-Rulemaking Portal, 
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2011-
0224 in the keyword search. Locate the document you wish to comment on 
from the resulting list and click on the ``Submit a Comment'' icon on 
the right of that line.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557; Attn: Glenn Merrill.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. 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. All comments received are a part of the public 
record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will 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). Attachments to electronic comments will be 
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 shallow-water species by vessels 
using trawl gear in the GOA under Sec.  679.21(d)(7)(i) on September 3, 
2011 (76 FR 55726, September 7, 2011).
    As of September 12, 2011, NMFS has determined that approximately 
149 metric tons remain in the fourth seasonal apportionment of the 2011 
Pacific halibut bycatch allowance specified for the trawl shallow-water 
species fishery in 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 fourth seasonal apportionment of the 2011 Pacific halibut bycatch 
allowance specified for the trawl shallow-water species fishery in the 
GOA, NMFS is terminating the previous closure and is opening directed 
fishing for trawl shallow-water species by vessels using trawl gear in 
the GOA. This will enhance the socioeconomic well-being of harvesters 
dependent upon shallow-water species in this area. The Administrator, 
Alaska Region (Regional Administrator) considered the following factors 
in reaching this decision: (1) The current catch of halibut by trawl 
vessels participating in the shallow-water species fisheries and, (2) 
the harvest capacity and stated intent on future harvesting patterns of 
vessels participating in this fishery.
    In accordance with Sec.  679.21(d)(7)(i), the Regional 
Administrator has determined that the fourth seasonal apportionment of 
the Pacific halibut bycatch allowance specified for the trawl shallow-
water species fishery in the GOA will be reached after 48 hours. 
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear in the GOA. The 
species and species groups that comprise the shallow-water species 
fishery are pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, skates, and ``other species.'' This prohibition 
does not apply to fishing for pollock by vessels using pelagic trawl 
gear in those portions of the GOA open to directed fishing for pollock. 
This inseason action does not apply to vessels fishing under a 
cooperative quota permit in the cooperative fishery in the Rockfish 
Program for the Central GOA.

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

[[Page 57680]]

interest as it would prevent NMFS from responding to the most recent 
fisheries data in a timely fashion and would delay the opening of 
directed fishing for shallow-water species by vessels using trawl gear 
in the GOA. NMFS was unable to publish a notice providing time for 
public comment because the most recent and relevant data only became 
available as of September 12, 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 the fishery 
for shallow-water species by vessels using trawl gear in 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 
September 28, 2011.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 13, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-23827 Filed 9-13-11; 4:15 pm]
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