[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Rules and Regulations]
[Page 62054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24622]



[[Page 62054]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 130925836-4174-02]
RIN 0648-XD545


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch, Northern Rockfish, and Dusky Rockfish in the Western 
Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of closure.

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SUMMARY: NMFS is opening directed fishing for Pacific ocean perch, 
northern rockfish, and dusky rockfish in the Western Regulatory Area of 
the Gulf of Alaska (GOA). This action is necessary to fully use the 
total allowable catch of Pacific ocean perch, northern rockfish, and 
dusky rockfish in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 15, 
2014, through 2400 hrs, A.l.t., December 31, 2014. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
October 27, 2014.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2013-0147, by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=[NOAA-NMFS-2013-0147], click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. 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, 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 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.
    NMFS closed directed fishing for Pacific ocean perch, northern 
rockfish, and dusky rockfish in the Western Regulatory Area of the GOA 
under Sec.  679.20(d)(1)(iii) on July 1, 2014 (79 FR 37960, July 3, 
2014).
    As of September 30, 2014, NMFS has determined that approximately 
2,300 metric tons (mt) of Pacific ocean perch, 1,250 mt of northern 
rockfish, and 295 mt of dusky rockfish TAC remain in the Western 
Regulatory Area of the GOA. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the TAC of Pacific ocean perch, northern rockfish, and dusky rockfish 
in the Western Regulatory Area of the GOA, NMFS is terminating the 
previous closure and is reopening directed fishing for Pacific ocean 
perch, northern rockfish, and dusky rockfish in the Western Regulatory 
Area of the GOA, effective 1200 hrs, A.l.t., October 15, 2014.
    The Administrator, Alaska Region (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current catch of Pacific ocean perch, northern rockfish, and dusky 
rockfish in the Western Regulatory Area of the GOA and, (2) the harvest 
capacity and stated intent on future harvesting patterns of vessels in 
participating in this fishery.

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 ocean perch, 
northern rockfish, and dusky rockfish in the Western Regulatory Area of 
the GOA. Immediate notification is necessary to allow for the orderly 
conduct and efficient operation of these fisheries, 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 document providing time for public comment because the most 
recent, relevant data only became available as of October 8, 2014.
    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 these 
rockfish fisheries the Western Regulatory Area of the GOA to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until 
October 27, 2014.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 10, 2014.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-24622 Filed 10-10-14; 4:15 pm]
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