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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