[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72995-72996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29622]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XC377
Fisheries of the Exclusive Economic Zone Off Alaska; Other
Flatfish, Other Rockfish, Pacific Ocean Perch, Sculpin, and Squid in
the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; apportionment of reserves; request for
comments.
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SUMMARY: NMFS apportions amounts of the non-specified reserve to the
initial total allowable catch of Bering Sea Pacific ocean perch,
Aleutian Islands other rockfish, Bering Sea and Aleutian Islands (BSAI)
other flatfish, BSAI sculpin, and BSAI squid in the BSAI
[[Page 72996]]
management area. This action is necessary to allow the fisheries to
continue operating. It is intended to promote the goals and objectives
of the fishery management plan for the BSAI management area.
DATES: Effective December 4, 2012 through 2400 hrs, Alaska local time,
December 31, 2012. Comments must be received at the following address
no later than 4:30 p.m., Alaska local time, December 19, 2012.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0243, 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-2012-0243 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: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
(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 appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2012 initial total allowable catch (ITAC) of Bering Sea (BS)
Pacific ocean perch in the BSAI was established as 4,854 metric tons
(mt), the 2012 ITAC of Aleutian Islands (AI) other rockfish was
established as 485 mt, the 2012 ITAC of BSAI other flatfish was
established as 3,200 mt, the 2012 ITAC of BSAI sculpin was established
as 5,200 mt, and the 2012 ITAC of BSAI squid was established as 425 mt
by the final 2012 and 2013 harvest specifications for groundfish of the
BSAI (77 FR 10669, February 23, 2012). This includes apportionments of
the non-specified reserve to BSAI other flatfish and BSAI squid in two
separate actions (77 FR 46641, August 6, 2012 and 77 FR 44172, July 27,
2012, respectively). In accordance with Sec. 679.20(a)(3) the Regional
Administrator, Alaska Region, NMFS, has reviewed the most current
available data and finds that the ITACs for BS Pacific ocean perch, AI
other rockfish, BSAI other flatfish, BSAI sculpin, and BSAI squid in
the BSAI need to be supplemented from the non-specified reserve in
order to promote efficiency in the utilization of fishery resources in
the BSAI and allow fishing operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
from the non-specified reserve of groundfish 856 mt to the BS Pacific
ocean perch ITAC, 85 mt to the AI other rockfish ITAC, 400 mt to the
BSAI other flatfish ITAC, 550 mt to the BSAI sculpin ITAC, and 275 mt
to the BSAI squid ITAC in the BSAI. These apportionments are consistent
with Sec. 679.20(b)(1)(i) and do not result in overfishing of any
target species because the revised ITACs are equal to or less than the
specifications of the acceptable biological catch in the final 2012 and
2013 harvest specifications for groundfish in the BSAI (77 FR 10669,
February 23, 2012).
The harvest specification for the 2012 ITACs included in the
harvest specifications for groundfish in the BSAI are revised as
follows: 5,710 mt for BS Pacific ocean perch, 570 mt for AI other
rockfish, 3,600 mt for BSAI other flatfish, 5,750 mt for BSAI sculpin,
and 700 mt for BSAI squid.
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) and Sec. 679.20(b)(3)(iii)(A) as such a
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 apportionment of the non-specified
reserves of groundfish to the BS Pacific ocean perch, AI other
rockfish, BSAI other flatfish, BSAI sculpin, and BSAI squid fisheries
in the BSAI. 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 30, 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.
Under Sec. 679.20(b)(3)(iii), interested persons are invited to
submit written comments on this action (see ADDRESSES) until December
19, 2012.
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: December 3, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-29622 Filed 12-4-12; 4:15 pm]
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