Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area, 63204-63205 [2011-26304]

Download as PDF 63204 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations List of Subjects in 33 CFR Part 165 responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. WREIER-aviles on DSK7SPTVN1PROD with RULES Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. This rule involves the establishment, disestablishment, and changing of security zones, and thus, paragraph 34(g) of figure 2–1 in Commandant Instruction M16475.lD applies. VerDate Mar<15>2010 14:51 Oct 11, 2011 Jkt 226001 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 165.904 by revising paragraph (a) to read as follows: ■ § 165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor—Safety and Security Zone. (a) Location. All waters of Lake Michigan within Burnham Park Harbor shoreward of a line across the entrance of the harbor connecting coordinates 41°51′09″ N, 087°36′36″W and 41°51′11″ N, 087°36′22″ W. * * * * * ■ 3. In § 165.910 revise paragraph (a)(1) heading and paragraph (a)(1)(i), and add paragraphs (a)(10) and (a)(11) to read as follows: § 165.910 Security Zones; Captain of the Port Lake Michigan. (a) * * * (1) Jardine Water Filtration Plant. (i) Location. All waters of Lake Michigan within the arc of a 100-yard radius with its center located on the north wall of Jardine Water Filtration Plant, approximate position 41°53′46″ N, 087°36′23″ W; (NAD 83) * * * * * (10) Wilson Avenue Intake Crib. All waters of Lake Michigan within the arc of a circle with a 100-yard radius of the Wilson Avenue Crib with its center in approximate position 41°58′00″ N, 087°35′30″ W. (NAD83) (11) Four Mile Intake Crib. All waters of Lake Michigan within the arc of a circle with a 100-yard radius of the Four Mile Crib with its center in approximate position 41°52′40″ N, 087°32′45″ W. (NAD83) * * * * * Dated: September 27, 2011. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan. [FR Doc. 2011–26125 Filed 10–11–11; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126521–0640–02] RIN 0648–XA757 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating the projected unused amount of the 2011 yellowfin sole total allowable catch (TAC) assigned to the Bering Sea and Aleutian Islands trawl limited access sector to the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2011 total allowable catch of yellowfin sole to be fully harvested. DATES: Effective October 6, 2011, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2011. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. 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. The 2011 yellowfin sole TAC assigned to the Bering Sea and Aleutian Islands trawl limited access sector is 34,153 metric tons (mt) and to the Amendment 80 cooperative is 138,875 mt as established by the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011). The Administrator, Alaska Region, NMFS, has determined that 2,000 mt of the yellowfin sole TAC assigned to the BSAI trawl limited access sector will not be harvested. Therefore, in accordance with § 679.91(f), NMFS reallocates 2,000 mt of yellowfin sole from the BSAI trawl limited access sector to the Amendment 80 cooperatives in the BSAI. In accordance SUMMARY: E:\FR\FM\12OCR1.SGM 12OCR1 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations with § 679.91(f), NMFS will reissue cooperative quota permits for the reallocated yellowfin sole following the procedures set forth in § 679.91(f)(3). The harvest specifications for yellowfin sole included in the harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) are revised as follows: 32,153 mt to the 63205 BSAI trawl limited access sector and 140,875 mt to the Amendment 80 cooperatives in the BSAI. Table 7a is correctly revised and republished in its entirety as follows: TABLE 7a—FINAL 2011 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS [Amounts are in metric tons] Pacific ocean perch Sector Eastern Aleutian District TAC .......................................................... CDQ ......................................................... ICA ........................................................... BSAI trawl limited access ........................ Amendment 80 ......................................... Alaska Groundfish Cooperative ............... Alaska Seafood Cooperative ................... 5,660 606 100 495 4,459 2,364 2,095 Central Aleutian District Flathead sole Western Aleutian District 4,960 531 75 435 3,919 2,078 1,841 8,370 896 10 149 7,315 3,879 3,436 Rock sole Yellowfin sole BSAI BSAI BSAI 41,548 4,446 5,000 0 32,102 6,269 25,833 85,000 9,095 5,000 0 70,905 19,902 51,003 196,000 20,972 2,000 32,153 140,875 59,798 81,077 Note: Sector apportionments may not total precisely due to rounding. This will enhance the socioeconomic well-being of harvesters dependent upon yellowfin sole in this area. The Regional Administrator considered the following factors in reaching this decision: (1) The current catch of yellowfin sole by the BSAI trawl limited access sector and, (2) the harvest capacity and stated intent on future harvesting patterns of the Amendment 80 cooperative that participates in this BSAI fishery. Classification WREIER-aviles on DSK7SPTVN1PROD with RULES 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 VerDate Mar<15>2010 14:51 Oct 11, 2011 Jkt 226001 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 reallocation of yellowfin sole from the BSAI trawl limited access sector to the Amendment 80 cooperative in the BSAI. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. 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 as well as processors. NMFS was unable to publish a notice providing time for PO 00000 Frm 00057 Fmt 4700 Sfmt 9990 public comment because the most recent, relevant data only became available as of September 29, 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 § 679.91 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 6, 2011. Steven Thur, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–26304 Filed 10–6–11; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\12OCR1.SGM 12OCR1

Agencies

[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63204-63205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26304]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA757


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Yellowfin Sole 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; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of the 2011 
yellowfin sole total allowable catch (TAC) assigned to the Bering Sea 
and Aleutian Islands trawl limited access sector to the Amendment 80 
cooperative in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to allow the 2011 total allowable 
catch of yellowfin sole to be fully harvested.

DATES: Effective October 6, 2011, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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.
    The 2011 yellowfin sole TAC assigned to the Bering Sea and Aleutian 
Islands trawl limited access sector is 34,153 metric tons (mt) and to 
the Amendment 80 cooperative is 138,875 mt as established by the final 
2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 
11139, March 1, 2011).
    The Administrator, Alaska Region, NMFS, has determined that 2,000 
mt of the yellowfin sole TAC assigned to the BSAI trawl limited access 
sector will not be harvested. Therefore, in accordance with Sec.  
679.91(f), NMFS reallocates 2,000 mt of yellowfin sole from the BSAI 
trawl limited access sector to the Amendment 80 cooperatives in the 
BSAI. In accordance

[[Page 63205]]

with Sec.  679.91(f), NMFS will reissue cooperative quota permits for 
the reallocated yellowfin sole following the procedures set forth in 
Sec.  679.91(f)(3).
    The harvest specifications for yellowfin sole included in the 
harvest specifications for groundfish in the BSAI (76 FR 11139, March 
1, 2011) are revised as follows: 32,153 mt to the BSAI trawl limited 
access sector and 140,875 mt to the Amendment 80 cooperatives in the 
BSAI. Table 7a is correctly revised and republished in its entirety as 
follows:

 Table 7a--Final 2011 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole Tacs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           5,660           4,960           8,370          41,548          85,000         196,000
CDQ.....................................................             606             531             896           4,446           9,095          20,972
ICA.....................................................             100              75              10           5,000           5,000           2,000
BSAI trawl limited access...............................             495             435             149               0               0          32,153
Amendment 80............................................           4,459           3,919           7,315          32,102          70,905         140,875
Alaska Groundfish Cooperative...........................           2,364           2,078           3,879           6,269          19,902          59,798
Alaska Seafood Cooperative..............................           2,095           1,841           3,436          25,833          51,003          81,077
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.

    This will enhance the socioeconomic well-being of harvesters 
dependent upon yellowfin sole in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) The 
current catch of yellowfin sole by the BSAI trawl limited access sector 
and, (2) the harvest capacity and stated intent on future harvesting 
patterns of the Amendment 80 cooperative that participates in this BSAI 
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 reallocation of yellowfin sole from the BSAI trawl 
limited access sector to the Amendment 80 cooperative in the BSAI. 
Since the fishery is currently open, it is important to immediately 
inform the industry as to the revised allocations. 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 as well as processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of September 29, 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.  679.91 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-26304 Filed 10-6-11; 4:15 pm]
BILLING CODE 3510-22-P