Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Rules and Regulations 10779 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and 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 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. The quota 

implemented for the Florida east coast 

subzone is 1,040,625 lb (472,020 kg) (50 

CFR 622.42(c)(1)(i)(A)(1)). 

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial sector when 

its quota has been reached, by filing a 

notification with the Office of the 

Federal Register. NMFS has determined 

that the commercial quota of 1,040,625 

lb (472,000 kg) for Gulf group king 

mackerel in the Florida east coast 

subzone will be reached on February 26, 

2011. Accordingly, the commercial 

sector for king mackerel in the Florida 

east coast subzone is closed at 12:01 

a.m., local time, February 26, 2011, until 

12:01 a.m., local time, April 1, 2011. 

From November 1 through March 31 

the Florida east coast subzone of the 

Gulf group king mackerel is that part of 

the eastern zone north of 25°20.4′ N. lat. 

(a line directly east from the MiamiDade/Monroe County, FL, boundary) to 

29°25′N. lat. (a line directly east from 

the Flagler/Volusia County, FL, 

boundary). Beginning April 1, the 

boundary between Atlantic and Gulf 

groups of king mackerel shifts south and 

west to the Monroe/Collier County 

boundary on the west coast of Florida. 

From April 1 through October 31, king 

mackerel harvested along the east coast 

of Florida, including all of Monroe 

County, are considered to be Atlantic 

group king mackerel. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds that the need to immediately 

implement this action to close the 

Florida east coast subzone to 

commercial king mackerel fishing 

constitutes good cause to waive the 

requirements 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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule 

implementing the quota and the 

associated requirement for closure of the 

commercial harvest when the quota is 

reached or projected to be reached has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest because any delay in the closure 

of the commercial harvest could result 

in the commercial quota being 

exceeded. There is a need to 

immediately implement this action to 

protect the king mackerel resource 

because the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the 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 23, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2011–4365 Filed 2–23–11; 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–XA237 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 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. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the A 

season allowance of the 2011 total 

allowable catch (TAC) of pollock in 

Statistical Area 610 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 27, 2011, through 

1200 hrs, A.l.t., March 10, 2011. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 10, 2011. 

ADDRESSES: Send comments to James W. 

Balsiger, Regional Administrator, Alaska 

Region, NMFS, Attn: Ellen Sebastian. 

You may submit comments, identified 

by RIN 0648–XA237, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Instructions: All comments received 

are a part of the public record. 

Comments will generally be posted 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may 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). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

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. 

NMFS closed directed fishing for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

January 23, 2011 (76 FR 4082, January 

24, 2011). 


jdjones on DSKHWCL6B1PROD with RULES
10780 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Rules and Regulations 

As of February 16, 2011, NMFS has 

determined that approximately 4,693 

metric tons of pollock remain in the 

directed fishing allowance for pollock in 

Statistical Area 610 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the A 

season allowance of the 2011 TAC of 

pollock in Statistical Area 610 of the 

GOA, NMFS is terminating the previous 

closure and is reopening directed 

fishing pollock in Statistical Area 610 of 

the GOA. The Administrator, Alaska 

Region (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) The current 

catch of pollock in Statistical Area 610 

of the GOA and, (2) the harvest capacity 

and stated intent on future harvesting 

patterns of vessels in participating in 

this 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 opening of the pollock fishery 

in Statistical Area 610 of the GOA. 

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 and 

processors. 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. 

Without this inseason adjustment, 

NMFS could not allow pollock fishery 

in Statistical Area 610 of the GOA to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until March 10, 2011. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 23, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–4366 Filed 2–23–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XA252 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Bering 

Sea subarea and Eastern Aleutian 

district (BS/EAI) of the Bering Sea and 

Aleutian Island management area 

(BSAI) by vessels participating in the 

BSAI trawl limited access fishery. This 

action is necessary to prevent exceeding 

the A season allowance of the 2011 Atka 

mackerel total allowable catch (TAC) in 

these areas allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 23, 2011, through 

1200 hrs, A.l.t., June 10, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 A season allowance of the 2011 

Atka mackerel TAC, in the BS/EAI, 

allocated to vessels participating in the 

BSAI trawl limited access fishery was 

established as a directed fishing 

allowance of 1,429 metric tons by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010) 

and inseason adjustment (76 FR 1539, 

January 11, 2011). 

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

the Administrator, Alaska Region, 

NMFS, finds that this directed fishing 

allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Atka mackerel by 

vessels participating in the BSAI trawl 

limited access fishery in the BS/EAI. 

After the effective dates 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 a 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 the Atka mackerel 

fishery in the BS/EAI for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 23, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–4367 Filed 2–23–11; 4:15 pm] 

BILLING CODE 3510–22–P 


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