[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Rules and Regulations]
[Pages 13510-13511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5552]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-2]
RIN 0648-XB062
Pacific Cod by Catcher Vessels Less Than 50 Feet (15.2 Meters)
Length Overall 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 vessels (CVs) less than 50 feet (15.2 meters (m)) in length
overall (LOA) 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 CVs less than 50 feet (15.2 m) LOA using
hook-and-line gear in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 4, 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
[[Page 13511]]
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 CVs less than 50 feet (15.2 m) LOA using
hook-and-line gear in the Central Regulatory Area of the GOA is 3,938
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 CVs less than 50
feet (15.2 m) LOA 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 3,903 mt,
and is setting aside the remaining 35 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 CVs less than 50 feet (15.2 m) LOA
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 Acting 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 closure of directed fishing for Pacific cod
by CVs less than 50 feet (15.2 m) LOA 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 March 1, 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: March 2, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-5552 Filed 3-2-12; 4:15 pm]
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