[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Rules and Regulations]
[Page 64240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25677]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 111207737-2141-02]
RIN 0648-XC295


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 610 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 610 in the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2012 total allowable catch of 
pollock for Statistical Area 610 in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 15, 
2012, through 2400 hrs, A.l.t., December 31, 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 2012 total allowable catch (TAC) of pollock in Statistical Area 
610 of the GOA is 30,270 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 Regional 
Administrator has determined that the 2012 TAC of pollock in 
Statistical Area 610 of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
28,284 mt. This amount incorporates a 1,886 mt deduction to account for 
the A season allowance of the pollock TAC that was unharvested and 
unavailable to carry forward to subsequent seasons (per Sec.  
679.20(a)(5)(iv)(B)), and a set aside of 100 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 pollock in Statistical Area 610 of the 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) 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 610 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 October 12, 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: October 15, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-25677 Filed 10-15-12; 4:15 pm]
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