[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39440-39441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16287]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XC085
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Central Aleutian District of 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.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch
in the Central Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI) by vessels participating in the BSAI trawl
limited access fishery. This action is necessary to prevent exceeding
the 2012 allocation of Pacific ocean perch in this area allocated to
vessels participating in the BSAI trawl limited access fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 28, 2012,
through 2400 hrs, A.l.t., December 31, 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 allocation of Pacific ocean perch, in the Central Aleutian
District, allocated as a directed fishing allowance
[[Page 39441]]
to vessels participating in the BSAI trawl limited access fishery was
established as 438 metric tons (mt) 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 Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
ocean perch in the Central Aleutian District 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 directed fishing closure of the Pacific
ocean perch fishery in the Central Aleutian District by 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 June 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: June 28, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-16287 Filed 6-28-12; 4:15 pm]
BILLING CODE 3510-22-P