[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Page 20571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8222]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XB119
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Hook-and-Line Gear in the Western 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 hook-and-line gear in the Western
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 hook-and-line gear in
the Western Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 2, 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 hook-and-line gear in the Western
Regulatory Area of the GOA is 145 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 hook-
and-line gear in the Western Regulatory Area of the GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 130 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 CVs using hook-and-line gear in the Western 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 using hook-and-line gear in the Western 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 30, 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: April 2, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-8222 Filed 4-2-12; 4:15 pm]
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