[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Rules and Regulations]
[Page 19564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7841]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XB142
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Trawl 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) using trawl 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 using trawl gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 1, 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 CVs using trawl gear in the Central
Regulatory Area of the GOA is 8,936 metric tons (mt), as established by
the final 2012 and 2013 harvest specifications for groundfish of the
GOA (77 FR 15194, March 14, 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 using trawl
gear in the Central Regulatory Area of the GOA will soon be reached.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 7,936 mt, and is setting aside the remaining 1,000
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 using trawl 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 CVs using
trawl 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 26, 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 28, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-7841 Filed 3-28-12; 4:15 pm]
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