[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Page 19147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7583]
[[Page 19147]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XB118
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Trawl Gear 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; modification of a closure.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels using trawl gear in the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to fully use the A
season apportionment of the 2012 Pacific cod total allowable catch
(TAC) allocated to trawl catcher vessels in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 29, 2012,
through 1200 hrs, A.l.t., April 1, 2012. Comments must be received at
the following address no later than 4:30 p.m., A.l.t., April 10, 2012.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0073,
by any one of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0073 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
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.
NMFS closed directed fishing for Pacific cod by catcher vessels
using trawl gear in the BSAI under Sec. 679.20(d)(1)(iii) on February
29, 2012 (77 FR 13013, March 5, 2012).
As of March 21, 2012, NMFS has determined that approximately 3,000
metric tons of Pacific cod remain in the 2012 A season directed fishing
allowance allocated to trawl catcher vessels in the BSAI. Therefore, in
accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the A season apportionment of the
2012 Pacific cod TAC allocated to trawl catcher vessels in the BSAI,
NMFS is terminating the previous closure and is reopening directed
fishing for Pacific cod by catcher vessels using trawl gear in the
BSAI.
The Administrator, Alaska Region (Regional Administrator)
considered the following factors in reaching this decision: (1) The
current catch for Pacific cod by catcher vessels using trawl gear in
the BSAI, and (2) the harvest capacity and stated intent on future
harvesting patterns of vessels in participating in this fishery.
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 opening of directed fishing for Pacific cod by catcher
vessels using trawl gear in the BSAI. Immediate notification is
necessary to allow for the orderly conduct and efficient operation of
this fishery, to allow the industry to plan for the fishing season, and
to avoid potential disruption to the fishing fleet and processors. NMFS
was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
March 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.
Without this inseason adjustment, NMFS could not allow Pacific cod
fishery by catcher vessels using trawl gear in the BSAI to be harvested
in an expedient manner and in accordance with the regulatory schedule.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until April 10,
2012.
This action is required by Sec. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 26, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-7583 Filed 3-26-12; 4:15 pm]
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