[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Rules and Regulations]
[Pages 67580-67581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27544]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC344
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Using Jig Gear in the Central Regulatory Area of 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 Pacific cod by vessels
using jig gear in the Central Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to fully use the 2012 Pacific cod total
allowable catch (TAC) apportioned to vessels using jig gear in the
Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 9,
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 26, 2012.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0223,
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-2012-0223 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: Josh Keaton, 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 Pacific cod by vessels using jig
gear in the Central Regulatory Area of the GOA under Sec.
679.20(d)(1)(iii) on June 29, 2012 (77 FR 39183, July 2, 2012).
As of November 5, 2012, NMFS has determined that approximately 25
metric tons of Pacific cod remain in the directed fishing allowance of
the Pacific cod TAC apportioned to vessels using jig gear in the
Central Regulatory Area 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 Pacific cod apportioned to vessels using jig gear in
the Central Regulatory Area of the GOA, NMFS is terminating the
previous closure and is reopening directed fishing for Pacific cod by
vessels using jig gear in the Central Regulatory Area of the GOA,
effective 1200 hrs, A.l.t., November 9, 2012.
The Administrator, Alaska Region (Regional Administrator)
considered the following factors in reaching this
[[Page 67581]]
decision: (1) The current catch of Pacific cod by vessels using jig
gear in the Central Regulatory Area 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 Pacific cod fishery by vessels
using jig gear in the Central Regulatory Area 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 November 5, 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 Pacific cod
fishery by vessels using jig gear in the Central Regulatory Area 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 26, 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: November 7, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-27544 Filed 11-9-12; 8:45 am]
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