[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39649-39650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16478]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC086
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch 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 ocean perch
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the 2012 total allowable catch (TAC)
of Pacific ocean perch in the Western Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 2, 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
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.
The 2012 TAC of Pacific ocean perch in the Western Regulatory Area
of the GOA is 2,102 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 2012 TAC
of Pacific ocean perch in the Western Regulatory Area of the GOA will
soon be reached. Therefore, the Regional Administrator is establishing
a directed fishing allowance of 1,802 mt, and is setting aside the
remaining 300 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
ocean perch 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) will apply at all times 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 because it would
prevent NMFS from responding to the most recent fisheries data in a
timely fashion and would delay the closure of Pacific ocean
[[Page 39650]]
perch 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 June 28, 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 29, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-16478 Filed 6-29-12; 4:15 pm]
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