[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Rules and Regulations]
[Pages 13812-13813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04815]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC522
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catch Vessels Using Trawl Gear in the Western 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 catcher
vessels (CVs) using trawl gear in the Western Regulatory Area of the
Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully
use the A season allowance of the 2013 Pacific cod total allowable
catch apportioned to CVs using trawl gear in the Western Regulatory
Area of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 1, 2013,
through 1200 hours, A.l.t., March 3, 2013. Comments must be received at
the following address no later than 4:30 p.m., A.l.t., March 18, 2013.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2012-0180 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-2012-180, click the
``Comment Now!'' icon,
[[Page 13813]]
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: Obren Davis, 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 catcher vessels
using trawl gear in the Western Regulatory area of the GOA under Sec.
679.20(d)(1)(iii) on February 14, 2013 (78 FR 11790, February 20,
2013).
As of February 25, 2013, NMFS has determined that approximately 226
metric tons of Pacific cod remain in the A season directed fishing
allowance for CVs using trawl gear in the Western 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 A season
allowance of the 2013 TAC of Pacific cod in the Western Regulatory Area
of the GOA, NMFS is terminating the previous closure and is reopening
directed fishing for Pacific cod by catcher vessels using trawl gear in
the Western Regulatory Area of the GOA, effective 1200 hours, A.l.t.,
March 1, 2013.
In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance will be
reached after 48 hours. Consequently, NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels using trawl gear in the
Western Regulatory Area of the GOA, effective 1200 hours, A.l.t., March
3, 2013. The Administrator, Alaska Region (Regional Administrator)
considered the following factors in reaching this decision: (1) The
current catch of Pacific cod by catcher vessels using trawl gear in the
Western 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 catcher
vessels using trawl gear in the Western 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 February 25, 2013.
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 Pacific
cod fishery by catcher vessels using trawl gear in the Western
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 March 18, 2013.
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: February 26, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-04815 Filed 2-26-13; 4:15 pm]
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