Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 17033 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: March 23, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7233 Filed 3–23–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100218107–0199–01] 

RIN 0648–XA293 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #1, #2, #3, 

and #4 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons, 

gear restrictions, and landing and 

possession limits; request for comments. 

SUMMARY: NOAA Fisheries announces 

four inseason actions in the ocean 

salmon fisheries. Inseason action #1 

modified the commercial fishery in the 

area from Cape Falcon, Oregon to 

Humbug Mountain, Oregon. Inseason 

action #2 modified the commercial 

fishery in the area from Humbug 

Mountain, Oregon to the Oregon/ 

California Border. Inseason action #3 

modified the recreational fishery in the 

area from Horse Mountain, California to 

Point Arena, California. Inseason action 

#4 modified the recreational fishery in 

the area from Point Arena, California to 

the U.S./Mexico Border. 

DATES: Inseason actions #1 and #2 were 

effective on March 15, 2011. Inseason 

actions #3 and #4 are effective April 2, 

2011. Inseason actions #1, #2, #3, and 

#4 remain in effect until the opening of 

the 2011 salmon season announced in 

the 2011 annual management measures 

or until modified through additional 

inseason action, which will publish in 

the Federal Register. Comments will be 

accepted through April 12, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XA293, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Peggy 

Busby. 

• Mail: 7600 Sand Point Way, NE., 

Building 1, Seattle, WA 98115. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov 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: 

Peggy Busby, by phone at 206–526– 

4323. 

SUPPLEMENTARY INFORMATION: 

In the 2010 annual management 

measures for ocean salmon fisheries 

(75 FR 24482, May 5, 2010), NMFS 

announced the commercial and 

recreational fisheries in the area from 

the U.S./Canada Border to the U.S./ 

Mexico Border, beginning May 1, 2010, 

and 2011 salmon seasons opening 

earlier than May 1, 2011. 

The Regional Administrator (RA) 

consulted with representatives of the 

Council, Oregon Department of Fish and 

Wildlife and California Department of 

Fish and Game on March 9, 2011. The 

information considered during this 

consultation related to Chinook and 

coho salmon 2010 spawning 

escapements, 2011 abundance forecasts, 

and annual management objectives. 

Inseason action #1 delayed the 

scheduled opening for the commercial 

salmon fishery from Cape Falcon, 

Oregon to Humbug Mountain, Oregon, 

previously scheduled for March 15, 

2011, to April 15, 2011. Seven days per 

week. All salmon except coho. All 

vessels fishing in the area must land 

their fish in the State of Oregon. See 

gear restrictions and definitions (C.2, 

C.3 in 75 FR 24482) and Oregon State 

regulations for a description of special 

regulations at the mouth of Tillamook 

Bay. This action was taken to comply 

with conservation constraints. On 

March 9, 2011, the states recommended 

this action and the RA concurred; 

inseason action #1 took effect on March 

15, 2011. Modification of quota and/or 

fishing seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

Inseason action #2 cancelled the 

commercial fishery from Humbug 

Mountain, Oregon to the Oregon/ 

California Border previously scheduled 

to open on March 15, 2011. This action 

was taken to comply with conservation 

constraints. On March 9, 2011, the states 

recommended this action and the RA 

concurred; inseason action #2 took 

effect on March 15, 2011. Modification 

of quota and/or fishing seasons is 

authorized by 50 CFR 660.409(b)(1)(i). 

Inseason action #3 established a 

recreational fishery from Horse 

Mountain, California to Point Arena 

(Fort Bragg), opening April 2, 2011. 

Seven days per week. All salmon except 

coho, two fish per day (C.1 in 75 FR 

24482). Chinook minimum size limit of 

24 inches total length. The same gear 

restrictions as in 2010 (C.2, C.3 in 75 FR 

24482). This action was taken to provide 

access to fish available for harvest 

within conservation constraints. On 

March 9, 2011, the states recommended 

this action and the RA concurred; 

inseason action #3 will take effect April 

2, 2011. Modification of quota and/or 

fishing seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

Inseason action #4 established a 

recreational fishery from Point Arena, 

California to the California/Mexico 

Border, opening April 2, 2011. Seven 

days per week. All salmon except coho, 

two fish per day (C.1 in 75 FR 24482). 

Chinook minimum size limit of 24 

inches total length. The same gear 

restrictions as in 2010 (C.2, C.3 in 75 FR 

24482). This action was taken to provide 

access to fish available for harvest 

within conservation constraints. On 

March 9, 2011, the states recommended 

this action and the RA concurred; 

inseason action #4 will take effect April 

2, 2011. Modification of quota and/or 

fishing seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2010 Ocean Salmon Fisheries and 

previous inseason actions. 

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason actions 

recommended by the states. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone in accordance 

with these Federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice of the 

described regulatory actions was given, 

prior to the date the action was 

effective, by telephone hotline number 

206–526–6667 and 800–662–9825, and 


jdjones on DSK8KYBLC1PROD with RULES
17034 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 

by U.S. Coast Guard Notice to Mariners 

broadcasts on Channel 16 VHF–FM and 

2182 kHz. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (75 FR 24482, May 5, 2010), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

had insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data were 

collected to determine the extent of the 

fisheries, and the time the fishery 

modifications had to be implemented in 

order to ensure that fisheries are 

managed based on the best available 

scientific information, thus allowing 

fishers access to the available fish at the 

time the fish were available while 

ensuring that quotas are not exceeded. 

The AA also finds good cause to waive 

the 30-day delay in effectiveness 

required under U.S.C. 553(d)(3), as a 

delay in effectiveness of these actions 

would allow fishing at levels 

inconsistent with the goals of the 

Salmon Fishery Management Plan and 

the current management measures. 

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

exempt from review under Executive 

Order 12866. 

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

Dated: March 23, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7242 Filed 3–25–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XZ90 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Final 2011 and 2012 

Harvest Specifications for Groundfish; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; closures; correction. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) is correcting a 

final rule that published on March 1, 

2011, implementing the final 2011 and 

2012 harvest specifications and 

prohibited species catch allowances for 

the groundfish fishery of the Bering Sea 

and Aleutian Islands Management Area 

(BSAI). Two tables within the document 

contained errors. 

DATES: Effective from 1200 hrs, Alaska 

local time (A.l.t.), March 1, 2011, 

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

2012. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

NMFS published the Final 2011 and 

2012 BSAI Harvest Specifications in the 

Federal Register on Tuesday, March 1, 

2011 (76 FR 11139). Tables providing 

information on 2011 and 2012 Directed 

Fishing Closures (Table 10) and the 

Final 2011 and 2012 American Fisheries 

Act Catcher Vessel BSAI Groundfish 

Sideboard Limits (Table 13) contained a 

number of minor errors. In Table 10 on 

page 11154, NMFS inadvertently listed 

an incidental catch allowance (ICA) of 

rock sole at ‘‘10,000’’ metric tons (mt), 

instead of the correct number of ‘‘5,000’’ 

mt. In addition, Federal Register 

formatting issues caused misalignment 

in Tables 10 and 13 and affected the 

information contained in those tables. In 

Table 10 on page 11154, the Federal 

Register listed the phrase ‘‘ICA rock 

sole’’ in the ‘‘sector’’ column rather than 

the ‘‘species’’ column. In Table 13 on 

page 11156, the Federal Register shifted 

seven lines upward by one row in the 

following columns: ‘‘Ratio of 1995–1997 

TAC’’; ‘‘2011 initial TAC’’; ‘‘2011 AFA 

catcher vessel sideboard limits’’; ‘‘2012 

initial TAC’’; and ‘‘2012 AFA catcher 

vessel sideboard limits’’. As a result of 

this error, Table 13 contains incorrect 

information on Pacific cod sideboard 

limits for the following gears and 

seasons: ‘‘Jig gear’’; ‘‘Hook and line 

Catcher Vessels (CV)’’ for ‘‘Jan 1–Jun 10’’; 

‘‘Pot gear CV’’ for ‘‘Jan 1–Jun 10’’; and 

‘‘Trawl gear CV’’ for ‘‘Jan 20–Apr 1’’. 

Table 13 also contains incorrect 

information on Atka mackerel sideboard 

limits for the following areas and 

seasons: ‘‘Eastern AI/BS’’ for ‘‘Jan 1–Jun 

10’’; ‘‘Central AI’’ for ‘‘Jan 1–Jun 10’’; and 

‘‘Central AI’’ for ‘‘Jan 1–Jun 10’’. NMFS’ 

corrections to Table 10 and Table 13 are 

listed below. 

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 

correction notice makes only minor 

changes and does not change operating 

practices in the fisheries. Corrections 

should be made as soon as possible to 

avoid confusion for participants in the 

fisheries. 

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. 

Correction 

On pages 11153, 11154, and 11156, 

Tables 10 and 13 are corrected to read 

as follows: 

TABLE 10—2011 AND 2012 DIRECTED FISHING CLOSURES 1

[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals] 

Area Sector Species 2011 Incidental 

catch allowance 

2012 Incidental 

catch allowance 

Bogoslof District ........................... All ............................................... Pollock ....................................... 150 150 

Aleutian Islands subarea ............. All ............................................... ICA pollock ................................ 1,600 1,600 

‘‘Other rockfish’’ ......................... 425 425 

Eastern Aleutian District/Bering 

Sea.

Non-amendment 80 and BSAI 

trawl limited access.

ICA Atka mackerel .................... 75 75 


jdjones on DSK8KYBLC1PROD with RULES