[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Rules and Regulations]
[Page 66655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27848]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA794
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
and 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
vessels using pot gear in the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to limit incidental
catch of octopus by vessels using pot gear to fish for Pacific cod the
BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 24,
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
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 Magnuson-Stevens Fishery Conservation and Management Act
requires that conservation and management measures prevent overfishing.
The 2011 octopus overfishing level in the BSAI is 528 metric tons (mt)
and the acceptable biological catch (ABC) is 396 mt as established by
the final 2011 and 2012 harvest specifications for groundfish in the
BSAI (76 FR 11139, March 1, 2011). NMFS closed directed fishing for
octopus on January 13, 2011 (76 FR 3044, January 19, 2011) and
prohibited retention of octopus on September 1, 2011 (76 FR 55276,
September 7, 2011).
As of October 15, 2011, approximately 530 mt of octopus has been
harvested in the BSAI. Vessels using pot gear have significant
incidental catch of octopus and have taken the vast majority of octopus
in the BSAI. Substantial fishing effort by vessels using pot gear is
being directed at remaining amounts of Pacific cod in the BSAI. If
vessels using pot gear were allowed to continue fishing for Pacific cod
in the BSAI then further incidental catch of octopus would occur.
The Regional Administrator has determined, in accordance with Sec.
679.20(d)(3), that prohibiting directed fishing for Pacific cod by
vessels using pot gear in BSAI is necessary to prevent further
incidental catch of octopus by the Pacific cod sector.
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, would
delay prohibiting directed fishing for Pacific cod by vessels using pot
gear in the BSAI and allow further incidental catch of octopus by the
Pacific cod sector. NMFS was unable to publish a notice providing time
for public comment because the most recent, relevant data only became
available as of October 20, 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. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 24, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-27848 Filed 10-24-11; 4:15 pm]
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