[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17360-17361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7346]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA322


Fisheries of the Exclusive Economic Zone Off Alaska; Octopus 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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch of octopus in the Bering Sea and Aleutian 
Islands (BSAI). This action is necessary to allow the fisheries to 
continue operating. It is intended to promote the goals and objectives 
of the fishery management plan for the BSAI.

DATES: Effective March 24, 2011 through 2400 hrs, Alaska local time, 
December 31, 2011. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, April 8, 2011.

ADDRESSES: Send comments to James W. Balsiger, Regional Administrator, 
Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, 
identified by RIN 0648-XA322, by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov.
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: (907) 586-7557, Attn: Ellen Sebastian.
    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 (e.g., name, address) 
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). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

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 2011 initial total allowable catch (ITAC) of octopus in the 
BSAI was

[[Page 17361]]

established as 128 metric tons (mt) by the final 2011 and 2012 harvest 
specifications for groundfish of the BSAI (76 FR 11139, March 1, 2011). 
In accordance with Sec.  679.20(a)(3) the Regional Administrator, 
Alaska Region, NMFS, has reviewed the most current available data and 
finds that the ITAC for octopus in the BSAI needs to be supplemented 
from the non-specified reserve in order to promote efficiency in the 
utilization of fishery resources in the BSAI and allow fishing 
operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 22 mt to the octopus ITAC 
in the BSAI. This apportionment is consistent with Sec.  
679.20(b)(1)(i) and does not result in overfishing of a target species 
because the revised ITAC is equal to or less than the specifications of 
the acceptable biological catch in the final 2011 and 2012 harvest 
specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011).
    The harvest specification for octopus included in the final 2011 
and 2012 harvest specifications for groundfish in the BSAI (76 FR 
11139, March 1, 2011) for the 2011 ITAC is revised as follows: 150 mt 
for octopus in the BSAI.

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) and Sec.  679.20(b)(3)(iii)(A) 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 apportionment of the non-specified 
reserves of groundfish to the groundfish fisheries in the BSAI. 
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 March 23, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until April 8, 
2011.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 24, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-7346 Filed 3-24-11; 4:15 pm]
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