Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12883 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA228 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for vermilion snapper in the 

exclusive economic zone (EEZ) of the 

South Atlantic. This closure is 

necessary to protect the vermilion 

snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 10, 2011, until 12:01 

a.m., local time, July 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act by 

regulations at 50 CFR part 622. 

The commercial quota for vermilion 

snapper in the South Atlantic is 315,523 

lb (143,119 kg) for the current fishing 

period, January 1 through June 30, 2011, 

as specified in 50 CFR 622.42(e)(4)(i). 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial sector 

for vermilion snapper when its quota 

has been reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for South Atlantic 

vermilion snapper will have been 

reached by March 10, 2011. 

Accordingly, the commercial sector for 

South Atlantic vermilion snapper is 

closed effective 12:01 a.m., local time, 

March 10, 2011, until 12:01 a.m., local 

time, July 1, 2011. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having 

vermilion snapper onboard must have 

landed and bartered, traded, or sold 

such vermilion snapper prior to 12:01 

a.m., local time, March 10, 2011. During 

the closure, the bag limit and possession 

limits specified in 50 CFR 

622.39(d)(1)(v) and (d)(2), respectively, 

apply to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ, and the sale or purchase 

of vermilion snapper taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to the 

sale or purchase of vermilion snapper 

that were harvested, landed ashore, and 

sold prior to 12:01 a.m., local time, 

March 10, 2011, and were held in cold 

storage by a dealer or processor. For a 

person on board a vessel for which a 

Federal commercial or charter vessel/ 

headboat permit for the South Atlantic 

snapper-grouper fishery has been 

issued, the sale and purchase provisions 

of the commercial closure for vermilion 

snapper would apply regardless of 

whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.43(a)(5)(ii). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the 

commercial sector for vermilion snapper 

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 has 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 is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the fishery since 

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: March 4, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–5362 Filed 3–4–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0907271170–0576–03] 

RIN 0648–AY10 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Amendment 17A 

Correction 

In rule document 2010–30394, 

appearing on pages 76874–76890, in the 

issue of December 9, 2010, make the 

following correction: 

§ 622.41 [Corrected] 

On page 76890, in the first column, in 

§ 622.41(n)(2), in the last line, make the 

following correction: 

‘‘28E N. lat.’’ should read ‘‘28° N. lat.’’ 

[FR Doc. C1–2010–30394 Filed 3–8–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

RIN 0648–XA276 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in the West 

Yakutat District 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 pollock in the West Yakutat 

District of the Gulf of Alaska (GOA). 

This action is necessary to prevent 

exceeding the 2011 total allowable catch 

(TAC) of pollock in the West Yakutat 

District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 5, 2011, through 

2400 hrs, A.l.t., December 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

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12884 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

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. 

The 2011 TAC of pollock in the West 

Yakutat District of the GOA is 2,339 

metric tons (mt) as established by the 

final 2011 and 2012 harvest 

specifications for groundfish of the GOA 

(76 FR 11111, March 1, 2011). 

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

the Regional Administrator has 

determined that the 2011 TAC of 

pollock in the West Yakutat District of 

the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 2,319 mt, and is setting 

aside the remaining 20 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 pollock in the West 

Yakutat District 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 closure of pollock in the West 

Yakutat District 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 March 3, 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 4, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–5359 Filed 3–4–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 100413185–1155–02] 

RIN 0648–AY84 

Groundfish Fisheries of the Exclusive 

Economic Zone Off Alaska; American 

Fisheries Act; Recordkeeping and 

Reporting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this rule to 

amend the American Fisheries Act 

implementing regulations that 

previously required cooperatives 

participating in the directed fishery for 

pollock in the Bering Sea to prepare and 

submit preliminary annual reports to 

the North Pacific Fishery Management 

Council (Council). The Council 

determined that the requirement for 

cooperatives to submit a preliminary 

annual report is no longer necessary, 

and this action eliminates that 

requirement. This action does not 

eliminate the requirement for the 

cooperatives to submit a single annual 

report to the Council. This action 

promotes the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and other 

applicable laws. 

DATES: Effective April 8, 2011. 

ADDRESSES: Electronic copies of this 

rule, the Regulatory Impact Review 

(RIR), and the categorical exclusion 

memorandum may be obtained from the 

Alaska Region Web site at http:// 

alaskafisheries.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted by mail to NMFS, 

Alaska Region, P.O. Box 21668, Juneau, 

AK 99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS, 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, Alaska; and by 

e-mail to 

OIRA_Submission@omb.eop.gov, or by 

fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Patsy A. Bearden, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the U.S. groundfish fisheries in 

the Exclusive Economic Zone of the 

Bering Sea and Aleutian Islands 

Management Area under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). The North 

Pacific Fishery Management Council 

(Council) prepared the FMP under the 

Magnuson-Stevens Act. Regulations 

implementing the FMP appear at 

subpart F of 50 CFR part 679. General 

regulations that pertain to U.S. fisheries 

appear at subpart H of 50 CFR part 600. 

Background 

In October 1998, Congress enacted the 

American Fisheries Act (AFA), 16 

U.S.C. 1851, which ‘‘rationalized’’ the 

Bering Sea pollock fishery by 

identifying the vessels and processors 

eligible to participate in the fishery and 

allocating pollock among those eligible 

participants. The AFA allocates 10 

percent of the Bering Sea pollock total 

allowable catch to the Western Alaska 

Community Development Quota (CDQ) 

Program. After subtracting the CDQ 

Program allocation, and an amount set 

aside for the catch of pollock in other 

Bering Sea fisheries, the AFA allocates 

the remaining available pollock quota 

(the ‘‘directed fishing allowance’’) 

among the AFA inshore sector (50 

percent), the AFA catcher/processor 

sector (40 percent), and the AFA 

mothership sector (10 percent). 

The AFA allowed for development of 

pollock fishing cooperatives in the nonCDQ sectors. Thirteen cooperatives were 

developed under the AFA: Ten inshore 

catcher vessel cooperatives, two 

offshore catcher/processor cooperatives, 

and one mothership cooperative. After 

NMFS allocates pollock quota to each of 

the inshore catcher vessel cooperatives, 

the cooperatives further subdivide each 

cooperative’s pollock allocation among 

vessel owners in the cooperative 

through private contractual agreements. 

The cooperatives manage these 

allocations to optimize their harvest and 

to ensure that individual vessels and 

companies do not harvest more than 

their agreed upon share of pollock. The 

cooperatives also enforce contract 

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