[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Page 11776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4702]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-2]
RIN 0648-XB004
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher/Processors Using Hook-and-Line Gear in the Central
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
catcher/processors (C/Ps) using hook-and-line gear in the Central
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary
to prevent exceeding the A season allowance of the 2012 Pacific cod
total allowable catch apportioned to C/Ps using hook-and-line gear in
the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 23,
2012, through 1200 hrs, A.l.t., September 1, 2012.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 A season allowance of the 2012 Pacific cod total allowable
catch (TAC) apportioned to C/Ps using hook-and-line gear in the Central
Regulatory Area of the GOA is 1,736 metric tons (mt), as established by
the final 2011 and 2012 harvest specifications for groundfish of the
GOA (76 FR 11111, March 1, 2011), revision to the final 2012 harvest
specifications for Pacific cod (76 FR 81860, December 29, 2011), and
inseason adjustment to the final 2012 harvest specifications for
Pacific cod (77 FR 438, January 5, 2012).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the A season
allowance of the 2012 Pacific cod TAC apportioned to C/Ps using hook-
and-line gear in the Central Regulatory Area of the GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 1,721 mt, and is setting aside the
remaining 15 mt as bycatch to support other anticipated groundfish
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
cod by C/Ps using hook-and-line gear in the Central 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 directed fishing closure of Pacific cod for C/Ps using
hook-and-line gear in the Central 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 February 21,
2012.
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: February 23, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-4702 Filed 2-23-12; 4:15 pm]
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