Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 20891 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA364 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear 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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Bering Sea and 

Aleutian Islands Management Area 

(BSAI). This action is necessary to fully 

use the B season allowance of the 2011 

total allowable catch (TAC) of Pacific 

cod allocated to catcher vessels using 

trawl gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 9, 2011, through 1200 

hrs, A.l.t., April 12, 2011. Comments 

must be received at the following 

address no later than 4:30 p.m., A.l.t., 

April 25, 2011. 

ADDRESSES: Send comments to James W. 

Balsiger, Regional Administrator, Alaska 

Region, NMFS, Attn: Ellen Sebastian. 

You may submit comments, identified 

by RIN 0648–XA364, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. Comment will 

generally be posted 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: 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. 

NMFS closed directed fishing for 

Pacific cod by catcher vessels using 

trawl gear in the BSAI under 

§ 679.20(d)(1)(iii) on April 4, 2011 (76 

FR 18663, April 5, 2011). 

As of April 6, 2011, NMFS has 

determined that approximately 2,000 

metric tons remain in the directed 

fishing allowance of Pacific cod 

allocated to catcher vessels using trawl 

gear in the BSAI. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 

utilize the B season allowance of the 

2011 TAC of Pacific cod allocated to 

catcher vessels using trawl gear in the 

BSAI, NMFS is terminating the previous 

closure and is reopening directed 

fishing Pacific cod by catcher vessels 

using trawl gear in the BSAI. The 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) considered the 

following factors in reaching this 

decision: (1) The current catch of Pacific 

cod by catcher vessels using trawl gear 

in the BSAI and, (2) the harvest capacity 

and stated intent on future harvesting 

patterns of vessels in participating in 

this fishery. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will be reached after 

72 hours. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels using trawl gear 

in the BSAI effective 1200 hrs, A.l.t., 

April 12, 2011. 

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 opening of directed fishing for 

Pacific cod by catcher vessels using 

trawl gear 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 April 6, 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. 

Without this inseason adjustment, 

NMFS could not allow the B season 

allowance of the 2011 TAC of Pacific 

cod allocated to catcher vessels using 

trawl gear in the BSAI to be harvested 

in an expedient manner and in 

accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until April 25, 2011. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 8, 2011. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–8925 Filed 4–8–11; 4:15 pm] 

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