17360 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 

(ii) Upon request from a Service law 

enforcement officer, hunters taking, 

attempting to take, or transporting 

migratory birds taken during the 

subsistence harvest season must present 

them to the officer for species 

identification. 

(h) Interior Region. 

(1) Season: April 2–June 14 and July 

16–August 31; egg gathering May 1–June 

14 only. 

(2) Closure: June 15–July 15. 

(i) Upper Copper River Region 

(Harvest Area: Units 11 and 13) (Eligible 

communities: Gulkana, Chitina, Tazlina, 

Copper Center, Gakona, Mentasta Lake, 

Chistochina and Cantwell). 

(1) Season: April 15–May 26 and June 

27–August 31. 

(2) Closure: May 27–June 26. 

(3) The Copper River Basin 

communities listed above also 

documented traditional use harvesting 

birds in Unit 12, making them eligible 

to hunt in this unit using the seasons 

specified in paragraph (h) of this 

section. 

(j) Gulf of Alaska Region. 

(1) Prince William Sound Area 

(Harvest area: Unit 6 [D]), (Eligible 

Chugach communities: Chenega Bay, 

Tatitlek): 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(2) Kachemak Bay Area (Harvest area: 

Unit 15[C] South of a line connecting 

the tip of Homer Spit to the mouth of 

Fox River) (Eligible Chugach 

Communities: Port Graham, Nanwalek): 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(k) Cook Inlet (Harvest area: portions 

of Unit 16[B] as specified below) 

(Eligible communities: Tyonek only): 

(1) Season: April 2–May 31—That 

portion of Unit 16(B) south of the 

Skwentna River and west of the Yentna 

River, and August 1–31—That portion 

of Unit 16(B) south of the Beluga River, 

Beluga Lake, and the Triumvirate 

Glacier: 

(2) Closure: June 1–July 31. 

(l) Southeast Alaska. 

(1) Community of Hoonah (Harvest 

area: National Forest lands in Icy Strait 

and Cross Sound, including Middle Pass 

Rock near the Inian Islands, Table Rock 

in Cross Sound, and other traditional 

locations on the coast of Yakobi Island. 

The land and waters of Glacier Bay 

National Park remain closed to all 

subsistence harvesting (50 CFR 

100.3(a)): 

(i) Season: Glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(2) Communities of Craig and 

Hydaburg (Harvest area: Small islands 

and adjacent shoreline of western Prince 

of Wales Island from Point Baker to 

Cape Chacon, but also including 

Coronation and Warren islands): 

(i) Season: Glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(3) Community of Yakutat (Harvest 

area: Icy Bay (Icy Cape to Point Riou), 

and coastal lands and islands bordering 

the Gulf of Alaska from Point Manby 

southeast to Dry Bay): 

(i) Season: Glaucous-winged gull egg 

gathering: May 15–June 30. 

(ii) Closure: July 1–August 31. 

■ 3. In subpart D, add § 92.32 to read as 

follows: 

§ 92.32 Emergency regulations to protect 

Steller’s eiders. 

Upon finding that continuation of 

these subsistence regulations would 

pose an imminent threat to the 

conservation of threatened Steller’s 

eiders (Polysticta stelleri), the U.S. Fish 

and Wildlife Service Alaska Regional 

Director, in consultation with the Comanagement Council, will immediately 

under § 92.21 take action as is necessary 

to prevent further take. Regulation 

changes implemented could range from 

a temporary closure of duck hunting in 

a small geographic area to large-scale 

regional or Statewide longterm closures 

of all subsistence migratory bird 

hunting. These closures or temporary 

suspensions will remain in effect until 

the Regional Director, in consultation 

with the Co-management Council, 

determines that the potential for 

additional Steller’s eiders to be taken no 

longer exists. 

Dated: February 23, 2011. 

Will Shafroth, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2011–7334 Filed 3–28–11; 8:45 am] 

BILLING CODE 4310–55–P 

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. 

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: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal Web site at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• 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 


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Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 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 § 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 

§ 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 

§ 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 

§ 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 § 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 § 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] 

BILLING CODE 3510–22–P 


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