[Federal Register Volume 77, Number 131 (Monday, July 9, 2012)]
[Rules and Regulations]
[Pages 40305-40306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16716]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC093
Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic
Shelf Rockfish 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 pelagic shelf
rockfish 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 pelagic shelf rockfish in the Western Regulatory Area of
the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 5, 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 pelagic shelf rockfish in the Western Regulatory
Area of the GOA is 409 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 pelagic shelf rockfish in the Western Regulatory Area of the GOA
will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 389 mt, and is setting
aside the remaining 20 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
pelagic shelf rockfish 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 directed fishing for
pelagic shelf rockfish 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
29, 2012.
[[Page 40306]]
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: July 2, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-16716 Filed 7-3-12; 4:15 pm]
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