[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65838-65839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26786]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XC320
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Bering Sea Subarea 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; modification of a closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is opening directed fishing for Pacific ocean perch in
the Bering Sea subarea of the Bering Sea and Aleutian Islands
management area. This action is necessary to fully use the 2012 total
allowable catch of Pacific ocean perch specified for the Bering Sea
subarea of the Bering Sea and Aleutian Islands management area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 26,
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.,
November 13, 2012.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0214, by any 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-2012-0213 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: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands management area (BSAI) exclusive
economic zone 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
[[Page 65839]]
appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
NMFS closed the directed fishery for Pacific ocean perch (POP) in
the Bering Sea subarea of the BSAI under Sec. 679.20(d)(1)(iii) (77 FR
10669, February 23, 2012).
NMFS has determined that approximately 3,400 metric tons of POP
remain in the directed fishing allowance. 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 total allowable catch of POP in the Bering Sea subarea
of the BSAI, NMFS is terminating the previous closure and is opening
directed fishing for POP in Bering Sea subarea of the BSAI. This will
enhance the socioeconomic well-being of harvesters dependent upon POP
in this area. The Administrator, Alaska Region considered the following
factors in reaching this decision: (1) the current catch of POP in the
BSAI and, (2) the harvest capacity and stated intent on future
harvesting patterns of vessels 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 POP directed fishing in the Bering Sea
subarea 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 October 22, 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 the fishery
for POP in the Bering Sea subarea of the BSAI 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 13, 2012.
This action is required by Sec. 679.20 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 26, 2012.
William D. Chappell,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-26786 Filed 10-26-12; 4:15 pm]
BILLING CODE 3510-22-P