[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Page 54838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21978]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC205
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska
Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from catcher vessels using trawl gear to vessels using jig gear in
the Western Regulatory Area of the Gulf of Alaska management area. This
action is necessary to allow the 2012 total allowable catch of Pacific
cod to be harvested.
DATES: Effective September 1, 2012, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Gulf of Alaska (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. Regulations governing
sideboard protections for GOA groundfish fisheries appear at subpart B
of 50 CFR part 680.
The 2012 Pacific cod total allowable catch specified for catcher
vessels using trawl gear in the Western Regulatory Area of the GOA is
7,952 metric tons (mt) as established by the final 2012 and 2013
harvest specifications for groundfish in the GOA (77 FR 15194, March
14, 2012). The Administrator, Alaska Region (Regional Administrator)
has determined that catcher vessels using trawl gear will not be able
to harvest 150 mt of the 2012 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(12)(i)(A)(3). In accordance with Sec.
679.20(a)(12)(ii)(B), the Regional Administrator has also determined
that the jig sector currently has the capacity to harvest this excess
allocation and reallocates 150 mt of Pacific cod from catcher vessels
using trawl gear to vessels using jig gear.
The harvest specifications for Pacific cod included in the final
2012 harvest specifications for groundfish in the GOA (77 FR 15194,
March 14, 2012) are revised as follows: 7,802 mt for catcher vessels
using trawl gear and 465 mt to vessels using jig gear.
Classification
This action responds to the best available information recently
obtained from the fishery. The 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 reallocation of Pacific cod specified from catcher
vessels using trawl gear to vessels using jig gear. Since the fishery
is currently open, it is important to immediately inform the industry
as to the revised allocations. Immediate notification is necessary to
allow for the orderly conduct and efficient operation of this fishery,
to allow the industry to plan for the fishing season, and to avoid
potential disruption to the fishing fleet as well as processors. 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. 679.20 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. 2012-21978 Filed 8-31-12; 4:15 pm]
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