[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Rules and Regulations]
[Pages 64917-64918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26203]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0624-XC301
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; modification of a closure.
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SUMMARY: NMFS is opening directed fishing for pollock in Statistical
Area 610 of the Gulf of Alaska (GOA) for 96 hours. This action is
necessary to fully use the 2012 total allowable catch of pollock in
Statistical Area 610 of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 19,
2012, through 1200 hrs, A.l.t., October 23, 2012. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
November 5, 2012.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0204,
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-2012-0204 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 http://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.
NMFS closed directed fishing for pollock in Statistical Area 610 of
the GOA under Sec. 679.20(d)(1)(iii) on October 15, 2012 (77 FR 64240,
October 19, 2012).
As of October 17, 2012, NMFS has determined that approximately
1,500 metric tons of pollock remain in the directed fishing allowance
for pollock in Statistical Area 610 of the GOA. Therefore, in
accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the 2012 TAC of pollock in
Statistical Area 610 of the GOA, NMFS is terminating the previous
closure and is reopening
[[Page 64918]]
directed fishing pollock in Statistical Area 610 of the GOA, effective
1200 hrs, A.l.t., October 19, 2012.
In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance will be
reached after 96 hours. Consequently, NMFS is prohibiting directed
fishing for pollock in Statistical Area 610 of the GOA, effective 1200
hrs, A.l.t., October 23, 2012. The Administrator, Alaska Region
(Regional Administrator) considered the following factors in reaching
this decision: (1) The current catch of pollock in Statistical Area 610
of the GOA and, (2) the harvest capacity and stated intent on future
harvesting patterns of vessels in participating in this fishery.
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 opening of the directed pollock fishery in Statistical
Area 610 of the GOA. 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 and processors. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of October 17, 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.
Without this inseason adjustment, NMFS could not allow pollock
fishery in Statistical Area 610 of the GOA to be harvested in an
expedient manner and in accordance with the regulatory schedule. Under
Sec. 679.25(c)(2), interested persons are invited to submit written
comments on this action to the above address until November 5, 2012.
This action is required by Sec. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 19, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-26203 Filed 10-19-12; 4:15 pm]
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