Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations 12293 

In our August 2009 Federal Register 

notice, we explained that, due to a 

previous clerical error, the Upper 

Columbia River steelhead DPS had been 

inadvertently dropped from the 

enumeration of threatened species at 50 

CFR 223.102(c). The August 2009 notice 

included a correcting amendment to 

reinstate the Upper Columbia River 

steelhead DPS to our list of threatened 

species at 50 CFR 223.102(c)(25). That 

correcting amendment, however, failed 

to update the cross-references at 50 CFR 

223.203, which identifies the threatened 

anadromous fish subject to protections 

under ESA section 4(d). This correcting 

amendment remedies that oversight. 

Classification 

The Assistant Administrator finds 

good cause under 5 U.S.C. 553(b)(B) to 

waive prior notice and opportunity for 

public comment, because it is 

impracticable, unnecessary, and 

contrary to the public interest. NMFS 

fully intended the Upper Columbia 

River steelhead DPS to be subject to the 

ESA section 4(d) protections and 

expressly stated this intent in the 

February 2006 final rule. NMFS also 

previously provided public notice in the 

Federal Register and considered public 

comments on the 2006 final rule. 

However, due to a clerical error, the 

conforming change is not currently 

reflected in the regulations. In order to 

avoid regulatory confusion and ensure 

continuous protections and enforcement 

capability for the Upper Columbia River 

steelhead DPS, the Assistant 

Administrator waives the requirement 

for prior notice and opportunity for 

public comment. 

For the same reasons above, the 

Assistant Administrator finds good 

cause under 5 U.S.C. 553(d)(3) to waive 

the 30-day delay in effectiveness and 

makes this rule effective immediately 

upon publication. 

Because notice and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553 or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

It has been determined that this rule 

is not significant for purposes of 

Executive Order 12866. 

References 

Copies of previous Federal Register 

notices and related reference materials 

are available on the Internet at http:// 

www.nwr.noaa.gov, or upon request (see 

FOR FURTHER INFORMATION CONTACT

section above). 

List of Subjects in 50 CFR Part 223 

Endangered and threatened species, 

Exports, Imports, Transportation. 

Dated: March 1, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for Fisheries 

for Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set forth in the 

preamble, 50 CFR part 223 is corrected 

by making the following correcting 

amendment: 

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543. 

■ 2. In § 223.203, paragraphs (a) and (b) 

are revised to read as follows: 

§ 223.203 Anadromous fish. 

* * * * * 

(a) Prohibitions. The prohibitions of 

section 9(a)(1) of the ESA (16 U.S.C. 

1538(a)(1)) relating to endangered 

species apply to fish with an intact 

adipose fin that are part of the 

threatened species of salmonids listed 

in § 223.102(c)(3) through (c)(25). 

(b) Limits on the prohibitions. The 

limits to the prohibitions of paragraph 

(a) of this section relating to threatened 

species of salmonids listed in 

§ 223.102(c)(3) through (c)(25) are 

described in the following paragraphs 

(b)(1) through (b)(13): 

* * * * * 

[FR Doc. 2011–5109 Filed 3–4–11; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA260 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod 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 Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters) 

length overall using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the A season 

apportionment of the 2011 total 

allowable catch of Pacific cod to be 

harvested. 

DATES: Effective March 1, 2011, through 

2400 hrs, Alaska local time (A.l.t.), 

December 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

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 A season apportionment of the 

2011 Pacific cod total allowable catch 

(TAC) specified for vessels using jig gear 

in the Bering Sea and Aleutian Islands 

management area (BSAI) is 1,710 metric 

tons (mt) for the period 1200 hrs, A.l.t., 

January 1, 2011, through 1200 hrs, A.l.t., 

April 30, 2011, 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 jig vessels 

will not be able to harvest 1,500 mt of 

the A season apportionment of the 2011 

Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A)(1). 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS apportions 

1,500 mt of Pacific cod from the A 

season jig gear apportionment to catcher 

vessels less than 60 feet (18.3 meters 

(m)) length overall (LOA) using hookand-line or pot gear. 

The harvest specifications for Pacific 

cod included in the final 2011 harvest 

specifications for groundfish in the 

BSAI (76 FR 11139, March 1, 2011) are 

revised as follows: 810 mt to the A 

season apportionment for vessels using 

jig gear and 5,555 mt to catcher vessels 

less than 60 feet (18.3 m) LOA using 

hook-and-line or pot gear. 

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES

12294 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations 

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 Pacific cod 

specified from jig vessels to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear. 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 March 1, 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: March 2, 2011. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–5075 Filed 3–2–11; 4:15 pm] 

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