[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Page 54837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21977]
[[Page 54837]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC204
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in 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 species that comprise
the shallow-water species fishery by vessels using trawl gear in the
Gulf of Alaska (GOA). This action is necessary because the fourth
seasonal apportionment of the Pacific halibut bycatch allowance
specified for the shallow-water species fishery in the GOA has been
reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 2,
2012, through 1200 hrs, A.l.t., October 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.
The fourth seasonal apportionment of the Pacific halibut bycatch
allowance specified for the shallow-water species fishery in the GOA is
150 metric tons as established by the final 2012 and 2013 harvest
specifications for groundfish of the GOA (77 FR 15194, March 14, 2012),
for the period 1200 hrs, A.l.t., September 1, 2012, through 1200 hrs,
A.l.t., October 1, 2012.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS, has determined that the fourth seasonal apportionment of
the Pacific halibut bycatch allowance specified for the trawl shallow-
water species fishery in the GOA has been reached. Consequently, NMFS
is prohibiting directed fishing for the shallow-water species fishery
by vessels using trawl gear in the GOA. The species and species groups
that comprise the shallow-water species fishery are pollock, Pacific
cod, shallow-water flatfish, flathead sole, Atka mackerel, skates,
squids, sharks, octopuses, and sculpins. This prohibition does not
apply to fishing for pollock by vessels using pelagic trawl gear in
those portions of the GOA open to directed fishing for pollock and
vessels fishing under a cooperative quota permit in the cooperative
fishery in the Rockfish Program for the Central 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 the shallow-water species
fishery by vessels using trawl gear in 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 August 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 31, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-21977 Filed 8-31-12; 4:15 pm]
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