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] 

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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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