[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Rules and Regulations]
[Page 26212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10682]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XC013
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the
Central Aleutian district (CAI) of the Bering Sea and Aleutian Island
management area (BSAI) by vessels participating in the BSAI trawl
limited access fishery. This action is necessary to prevent exceeding
the A season allowance of the 2012 Atka mackerel total allowable catch
(TAC) in the CAI allocated to vessels participating in the BSAI trawl
limited access fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 30, 2012,
through 1200 hrs, A.l.t., June 10, 2012.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands Management Area
(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.
The A season allowance of the 2012 Atka mackerel TAC, in the CAI,
allocated to vessels participating in the BSAI trawl limited access
fishery was established as a directed fishing allowance of 476 metric
tons by the final 2012 and 2013 harvest specifications for groundfish
in the BSAI (77 FR 10669, February 23, 2012).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, finds that this directed fishing allowance has
been reached. Consequently, NMFS is prohibiting directed fishing for
Atka mackerel in the CAI by vessels participating in the BSAI trawl
limited access fishery.
After the effective dates 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 a 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 the Atka mackerel fishery in the
CAI for vessels participating in the BSAI trawl limited access fishery.
NMFS was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
April 27, 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 30, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-10682 Filed 4-30-12; 4:15 pm]
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