[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60649-60650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24517]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC277
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
the Herring Savings Areas of the Bering Sea and Aleutian Islands
Management Area
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 by vessels
using trawl gear in the Winter Herring Savings Area of the Bering Sea
and Aleutian Islands (BSAI). This action is necessary to prevent
exceeding the 2012 herring bycatch allowance specified for the midwater
trawl pollock fishery in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2012,
through 1200 hrs, A.l.t., March 1, 2013.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI according to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (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 herring bycatch allowance specified for the midwater trawl
pollock fishery in the BSAI is 1,600 metric tons as established by the
final 2012 and 2013 harvest specifications for groundfish in the BSAI
(77 FR 10669, February 23, 2012).
The Administrator, Alaska Region, NMFS, has determined that the
2012 herring bycatch allowance specified for the midwater trawl pollock
fishery in the BSAI has been caught. Consequently, in accordance with
Sec. 679.21(e)(7)(vi), NMFS is closing directed fishing for pollock by
vessels using trawl gear in the Winter Herring Savings Areas of the
BSAI. The Winter Herring Savings Area of the BSAI is that part of the
Bering Sea subarea that is between 58[deg] N latitude and 60[deg] N
latitude and between 172[deg] W longitude and 175[deg] W longitude.
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 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
[[Page 60650]]
delay the closure of directed for pollock by vessels using trawl gear
in the Winter Herring Savings Areas of the BSAI. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of September 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 1, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-24517 Filed 10-1-12; 4:15 pm]
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