9692 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

Species 

Historic 

range 

Vertebrate 

population where 

endangered or threatened 

Status When 

listed 

Critical 

habitat 

Special 

rules Common name Scientific name 

*******

BIRDS

* * * * * * * 

Penguin, southern 

rockhopper.

Eudyptes chrysocome Southern Ocean, 

South Atlantic 

Ocean, South Pacific Ocean, Southern Indian Ocean.

New Zealand-Australia distinct population segment, associated with the 

Campbell Plateau 

and Macquarie Island.

T 784 NA NA 

* * * * * * * 

* * * * * 

Dated: February 2, 2011. 

Rowan W. Gould, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2011–3732 Filed 2–18–11; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XA220 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit of Atlantic 

migratory group Spanish mackerel in or 

from the exclusive economic zone (EEZ) 

in the southern zone to 1,500 lb (680 kg) 

per day. This trip limit reduction is 

necessary to maximize the 

socioeconomic benefits of the quota. 

DATES: Effective 6 a.m., local time, 

February 22, 2011, until 12:01 a.m., 

local time, March 1, 2011, unless 

changed by further notification in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, or e-mail: 

susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, dolphin, and, in the 

Gulf of Mexico only, bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act by 

regulations at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP (65 FR 41015, July 3, 

2000) NMFS implemented a commercial 

quota of 3.87 million lb (1.76 million kg) 

for the Atlantic migratory group of 

Spanish mackerel. Atlantic migratory 

group Spanish mackerel are divided 

into a northern and southern zone for 

management purposes. The southern 

zone for Atlantic migratory group 

Spanish mackerel extends from 

30°42′45.6′′ N. lat., which is a line 

directly east from the Georgia/Florida 

boundary, to 25°20.4′N. lat., which is a 

line directly east from the Miami-Dade/ 

Monroe County, Florida, boundary. 

For the southern zone, seasonally 

variable trip limits are based on an 

adjusted quota of 3.62 million lb (1.64 

million kg). The adjusted quota is 

calculated to allow continued harvest in 

the southern zone at a set rate for the 

remainder of the fishing year, February 

28, 2011, in accordance with 50 CFR 

622.44(b)(2). Beginning December 1, the 

trip limit is unlimited on weekdays and 

limited to 1,500 lb (680 kg) of Spanish 

mackerel per day on weekends. When 

75 percent of the adjusted quota of 

Atlantic migratory group Spanish 

mackerel is taken until 100 percent of 

the adjusted quota is taken, Spanish 

mackerel in or from the EEZ in the 

southern zone may not be possessed on 

board or landed from a permitted vessel 

in amounts exceeding 1,500 lb (680 kg) 

per day. 

NMFS has determined that 75 percent 

of the adjusted quota for Atlantic group 

Spanish mackerel has been taken. 

Accordingly, the 1,500-lb (680-kg) per 

day commercial trip limit applies to 

Spanish mackerel in or from the EEZ in 

the southern zone effective 6 a.m., local 

time, February 22, 2011, until 12:01 

a.m., local time, March 1, 2011, unless 

changed by further notification in the 

Federal Register. 

Classification 

This action responds to the best 

available information recently obtained 

regarding the status of the fishery. The 

Assistant Administrator for Fisheries, 

NOAA, (AA), finds the need to 

immediately implement this 

commercial trip limit reduction 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 

5 U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself already has been subject to notice 

and comment, and all that remains is to 

notify the public of the trip limit 

reduction. 

Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the fishery 

resource because the capacity of the 

commercial fleet allows for rapid 

harvest of the quota. Prior notice and 

opportunity for public comment would 

require time and potentially result in a 

harvest well in excess of the established 

quota. 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9693 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: February 16, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–3880 Filed 2–16–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XA235 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Harvesting Pacific Cod for 

Processing by the Inshore Component 

in the Western Regulatory Area of 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 Pacific cod by vessels 

harvesting Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allowance of the 2011 Pacific total 

allowable catch (TAC) apportioned to 

vessels harvesting Pacific cod for 

processing by the inshore component of 

the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 16, 2011, through 

1200 hrs, A.l.t., September 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 MagnusonStevens 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2011 

Pacific cod TAC apportioned to vessels 

harvesting Pacific cod for processing by 

the inshore component of the Western 

Regulatory Area of the GOA is 12,304 

metric tons (mt), as established by the 

final 2010 and 2011 harvest 

specifications for groundfish of the GOA 

(75 FR 11749, March 12, 2010) and 

inseason adjustment (76 FR 469, January 

5, 2010). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2011 Pacific cod TAC 

apportioned to vessels harvesting 

Pacific cod for processing by the inshore 

component of the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 11,304 mt, and is setting 

aside the remaining 1,000 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels harvesting Pacific cod for 

processing by the inshore component in 

the Western Regulatory Area of the 

GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 directed fishing closure of 

Pacific cod by vessels harvesting Pacific 

cod for processing by the inshore 

component in the Western Regulatory 

Area 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 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. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 16, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–3881 Filed 2–16–11; 4:15 pm] 

BILLING CODE 3510–22–P 

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