Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Rules and Regulations 17793 

losses compared to the specifications 

being implemented in this final rule. 

The not chosen alternative 3 would be 

the least restrictive alternative (i.e., least 

restrictive commercial quota), but was 

not recommended because it is the 

status quo. Additionally, the TAC for 

alternative 3 would have been above the 

recommended acceptable biological 

catch which could possibly result in 

quota overages. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity compliance 

guides.’’ The agency shall explain the 

actions a small entity is required to take 

to comply with a rule or group of rules. 

As part of this rulemaking process, a 

small entity compliance guide will be 

sent to all holders of Federal permits 

issued for the Atlantic bluefish fishery. 

In addition, copies of this final rule 

and guide (i.e., permit holder letter) are 

available from NMFS (see ADDRESSES) 

and at the following Web site: http:// 

www.nero.noaa.gov. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: March 28, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.160, paragraph (a) is 

revised to read as follows: 

§ 648.160 Catch quotas and other 

restrictions. 

* * * * * 

(a) Annual review. On or before 

August 15 of each year, the Bluefish 

Monitoring Committee will meet to 

determine the total allowable level of 

landings (TAL) and other restrictions 

necessary to achieve the appropriate 

target fishing mortality rate (F) specified 

in the Atlantic Bluefish FMP. In 

determining the TAL and other 

restrictions necessary to achieve the 

appropriate F, the Bluefish Monitoring 

Committee will review the following 

data, subject to availability: 

Commercial, recreational, and research 

catch data; current estimates of fishing 

mortality; stock status; recent estimates 

of recruitment; virtual population 

analysis results; levels of 

noncompliance by fishermen or 

individual States; impact of size/mesh 

regulations; discards; sea sampling data; 

impact of gear other than otter trawls 

and gill nets on the mortality of 

bluefish; and any other relevant 

information. 

* * * * * 

[FR Doc. 2011–7630 Filed 3–30–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

RIN 0648–XA337 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in 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 Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the B season allowance of the 2011 total 

allowable catch of pollock for Statistical 

Area 610 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 28, 2011, through 

1200 hrs, A.l.t., May 31, 2011. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

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 B season allowance of the 2011 

total allowable catch (TAC) of pollock in 

Statistical Area 610 of the GOA is 4,787 

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 B season allowance 

of the 2011 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 4,687 mt, and is 

setting aside the remaining 100 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 Statistical 

Area 610 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 

Statistical Area 610 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 25, 

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 28, 2011. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7614 Filed 3–28–11; 4:15 pm] 

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