[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Rules and Regulations]
[Pages 14305-14306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5802]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-2]
RIN 0648-XB070
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Using Jig 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
vessels using jig 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 vessels using jig gear in the Central Regulatory Area of
the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 6, 2012,
through 1200 hrs, A.l.t., June 10, 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 vessels using jig gear in the Central
Regulatory Area of the GOA is 256 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
[[Page 14306]]
of the 2012 Pacific cod TAC apportioned to vessels using jig gear in
the Central Regulatory Area of the GOA will soon be reached. Therefore,
the Regional Administrator is establishing a directed fishing allowance
of 246 mt and is setting aside the remaining 10 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 vessels using jig 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 vessels using jig 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 5, 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 6, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-5802 Filed 3-6-12; 4:15 pm]
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