[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Rules and Regulations]
[Pages 267-270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31627]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC422
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2013 Gulf of Alaska Pollock and Pacific Cod Total
Allowable Catch Amounts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment; request for comments.
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SUMMARY: NMFS is adjusting the 2013 total allowable catch (TAC) amounts
for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This
action is necessary because NMFS has determined these TACs are
incorrectly specified, and will ensure the GOA pollock and Pacific cod
TACs are the appropriate amounts based on the best available scientific
information for pollock and Pacific cod in the GOA. This action is
consistent with the goals and objectives of the Fishery Management Plan
for Groundfish of the Gulf of Alaska.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 28,
2012, until the effective date of the final 2013 and 2014 harvest
specifications for GOA groundfish, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.
Comments must be received at the following address no later than
4:30 p.m., A.l.t., January 18, 2013.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2012-0252 by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0252, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
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 sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. 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, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. 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, Excel, 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 (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 final 2012 and 2013 harvest specifications for groundfish in
the GOA (77 FR 15194, March 14, 2012) set the 2013 pollock TAC at
125,334 metric tons (mt) and the 2013 Pacific cod TAC at 68,250 mt in
the GOA. In December 2012, the North Pacific Fishery Management Council
(Council) recommended a 2013 pollock TAC of 121,046 mt for the GOA,
which is less than the 125,334 mt established by the final 2012 and
2013 harvest specifications for groundfish in the GOA. The Council also
recommended a 2013 Pacific cod TAC of 60,600 mt for the GOA, which is
less than the 68,250 mt established by the final 2012 and 2013 harvest
specifications for groundfish in the GOA. The Council's recommended
2013 TACs, and the area and seasonal apportionments, are based on the
Stock Assessment and Fishery Evaluation report (SAFE), dated November
2012, which NMFS has determined is the best available scientific
information for these fisheries.
Steller sea lions occur in the same location as the pollock and
Pacific cod fisheries and are listed as endangered under the Endangered
Species Act (ESA). Pollock and Pacific cod are a principal prey species
for Steller sea lions in the GOA. The seasonal apportionment of pollock
and Pacific cod harvest is necessary to ensure the groundfish fisheries
are not likely to cause jeopardy of extinction or adverse modification
of critical habitat for Steller sea lions. The regulations at Sec.
679.20(a)(5)(iv) specify how the pollock TAC will be apportioned. The
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regulations at Sec. 679.20(a)(6)(ii) and Sec. 679.20(a)(12)(i)
specify how the Pacific cod TAC will be apportioned.
In accordance with Sec. 679.25(a)(1)(iii) and (a)(2)(i)(B), the
Administrator, Alaska Region, NMFS (Regional Administrator), has
determined that, based on the November 2012 SAFE report for this
fishery, the current GOA pollock and Pacific cod TACs are incorrectly
specified. Consequently, pursuant to Sec. 679.25(a)(1)(iii), the
Regional Administrator is adjusting the 2013 GOA pollock TAC to 121,046
mt and the 2013 GOA Pacific cod TAC to 60,600 mt. Therefore, Table 2 of
the final 2012 and 2013 harvest specifications for groundfish in the
GOA (77 FR 15194, March 14, 2012) is revised consistent with this
adjustment.
Pursuant to Sec. 679.20(a)(5)(iv), Table 4 of the final 2012 and
2013 harvest specifications for groundfish in the GOA (77 FR 15194,
March 14, 2012) is revised for the 2013 TACs of pollock in the Central
and Western Regulatory Area of the GOA.
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Pursuant to Sec. 679.20(a)(6)(ii) and Sec. 679.20(a)(12)(i),
Table 6 of the final 2012 and 2013 harvest specifications for
groundfish in the GOA (77 FR 15194, March 14, 2012) is revised for the
2013 seasonal apportionments and allocation of Pacific cod TAC in the
GOA consistent with this adjustment.
The proposed 2013 and 2014 harvest specifications for groundfish of
the GOA were published in the Federal Register on December 5, 2012 (77
FR 72297). In accordance with the FMP, the annual jig sector
allocations may increase to up to 6 percent of the annual Western and
Central GOA Pacific cod TACs depending on the annual performance of the
jig sector. NMFS has proposed increasing the jig sector's Pacific cod
allocation in the Western GOA to 2.5 percent of the annual Pacific cod
TAC. This includes a base allocation of 1.5 percent and an additional
1.0 percent because this sector harvested greater than 90 percent of
its initial 2012 allocation in the Western GOA. NMFS also has proposed
increasing the jig sector's Pacific cod allocation in the Central GOA
to 2.0 percent of the annual Pacific cod TAC. This includes a base
allocation of 1.0 percent and an additional 1.0 percent because this
sector harvested greater than 90 percent of its initial 2012 allocation
in the Central GOA. Therefore, as described in the proposed 2013 and
2014 harvest specifications for the GOA (December 5, 2012, 77 FR
72297), the final 2013 and 2014 Pacific cod sector allocations may be
adjusted to incorporate the increased allocation to the jig sector. The
proposed increased percentage allocations to the jig sectors in the
Western and Central GOA are not included in the following table.
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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 allow for harvests that exceed the appropriate allocations for
Pacific cod based on the best scientific information available. NMFS
was unable to publish a notice providing time for public comment
because the most recent,
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relevant data only became available as of December 27, 2012, and
additional time for prior public comment would result in conservation
concerns for the ESA-listed Steller sea lions.
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. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until January 18,
2013.
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: December 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-31627 Filed 12-28-12; 4:15 pm]
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