[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Rules and Regulations]
[Pages 59922-59923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24972]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-02]
RIN 0648-XA729
Pacific Cod by Non-American Fisheries Act Crab Vessels Harvesting
Pacific Cod for Processing by the Inshore Component 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard
limits harvesting Pacific cod for processing by the inshore component
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the 2011 Pacific cod sideboard limit
established for non-AFA crab vessels harvesting Pacific cod for
processing by the inshore component in the Western Regulatory Area of
the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 25,
2011, through 2400 hrs, A.l.t., December 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 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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 680.
The 2011 Pacific cod sideboard limit established for non-AFA crab
vessels that are subject to sideboard limits harvesting Pacific cod for
processing by the inshore component in the Western Regulatory Area of
the GOA is 1,747 metric tons (mt), as established by the final 2011 and
2012 harvest specifications for groundfish of the GOA (75 FR 11111,
March 1, 2011).
[[Page 59923]]
In accordance with Sec. 680.22(e)(2)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the 2011
Pacific cod sideboard limit established for non-AFA crab vessels
harvesting Pacific cod for processing by the inshore component in the
Western Regulatory Area of the GOA will soon be reached. Therefore, the
Regional Administrator is establishing a sideboard directed fishing
allowance of 1,700 mt, and is setting aside the remaining 47 mt as
bycatch to support other anticipated groundfish fisheries. In
accordance with Sec. 680.22(e)(3), the Regional Administrator finds
that this sideboard directed fishing allowance has been reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
non-AFA crab vessels that are subject to sideboard limits harvesting
Pacific cod for processing by the inshore component in the Western
Regulatory Area of the GOA.
After the effective date of this closure the maximum retainable
amounts at Sec. 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 sideboard directed fishing closure of Pacific cod for
non-AFA crab vessels that are subject to sideboard limits harvesting
Pacific cod for processing by the inshore component in the Western
Regulatory Area 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 September 22, 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 Sec. 680.22 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 23, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-24972 Filed 9-23-11; 4:15 pm]
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