[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Rules and Regulations]
[Pages 60321-60322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24400]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC270
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
Statistical Area 620 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 pollock in
Statistical Area 620 in the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2012 total allowable catch of
pollock for Statistical Area 620 in the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2012,
through 2400 hrs, A.l.t., December 31, 2012. Comments must be received
at the following address no later than 4:30 p.m., A.l.t., October 15,
2012.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0187,
by any one of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0187 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
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 2012 total allowable catch (TAC) of pollock in Statistical Area
620 of the GOA is 45,808 metric tons (mt) as established by the final
2012 and 2013 harvest specifications for groundfish of the GOA (77 FR
15194, March 14, 2012).
As of September 27, 2012, approximately 5,200 mt of pollock remain
in the 2012 TAC for pollock in Statistical Area 620 of the GOA. Based
on fleet capacity and potentially high levels of fleet participation in
this fishery, the Administrator, Alaska Region (Regional Administrator)
has determined that the pollock TAC for Statistical Area 620 of the GOA
could be
[[Page 60322]]
exceeded if a fishery were allowed to occur. NMFS, in accordance with
Sec. 679.25(a)(1)(i), Sec. 679.25(a)(2)(i)(A), and Sec.
679.25(a)(2)(iii)(B) is issuing an inseason adjustment prohibiting
directed fishing for pollock in Statistical Area 620 of the GOA. The
Regional Administrator has determined that this action is the least
restrictive necessary to ensure that the TAC not be exceeded.
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) and Sec. 679.25(c)(1)(ii) 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 directed
fishing for pollock in Statistical Area 620 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 September 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: September 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-24400 Filed 9-28-12; 4:15 pm]
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