[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Rules and Regulations]
[Pages 67579-67580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27536]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC346
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod in the Central Regulatory Area of the Gulf of Alaska
Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from catcher vessels using trawl gear to vessels using pot gear and
vessels using jig gear in the Central Regulatory Area of the Gulf of
Alaska management area. This action is necessary to allow the 2012
total allowable catch of Pacific cod to be harvested.
DATES: Effective November 7, 2012, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Gulf of Alaska (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. Regulations governing
sideboard protections for GOA groundfish fisheries appear at subpart B
of 50 CFR part 680.
The 2012 Pacific cod total allowable catch specified for catcher
vessels using trawl gear in the Central Regulatory Area of the GOA is
15,954 metric tons (mt) as established by the final 2012 and 2013
harvest specifications for groundfish in the GOA (77 FR 15194, March
14, 2012), after a 1,627 mt apportionment to the trawl catcher vessel
sector under the Central GOA Rockfish Program (Sec. 679.81(c)(4)(ii)).
The Administrator, Alaska Region (Regional Administrator) has
determined that catcher vessels using trawl gear will not be able to
harvest 1,800 mt of the 2012 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(12)(i)(B)(4). In accordance with Sec.
679.20(a)(12)(ii)(B), the Regional Administrator has also determined
that the pot and jig sectors currently have the capacity to harvest
this excess allocation and reallocates 1,500 mt to vessels using pot
gear and 300 mt to vessels using jig gear.
The harvest specifications for Pacific cod included in the final
2012 harvest specifications for groundfish in the GOA (77 FR 15194,
March 14, 2012) are revised as follows: 14,154 mt for catcher vessels
using trawl gear, 13,255 mt for vessels using pot gear, and 727 mt to
vessels using jig gear. This action does not reduce the Pacific cod
apportionment (1,627 mt) made to the trawl catcher vessel sector
operating under the Central GOA Rockfish Program.
[[Page 67580]]
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 reallocation of Pacific cod specified from catcher
vessels using trawl gear to vessels using pot gear and vessels using
jig gear. Since the fishery is currently open, it is important to
immediately inform the industry as to the revised allocations.
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 as well as processors. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of November 6, 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: November 7, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-27536 Filed 11-7-12; 4:15 pm]
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