[Federal Register Volume 78, Number 57 (Monday, March 25, 2013)]
[Rules and Regulations]
[Pages 17885-17886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06763]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 120918468-3111-02]
RIN 0648-XC582
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
the West Yakutat District 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 pollock in the West
Yakutat District of the Gulf of Alaska (GOA). This action is necessary
to fully use the 2013 pollock total allowable catch in the West Yakutat
District of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 22,
2013,
[[Page 17886]]
through 2400 hours, A.l.t., December 31, 2013. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
April 8, 2013.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2013-0180 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-2013-180, 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 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 pollock in the West Yakutat
District of the GOA under Sec. 679.20(d)(1)(iii) on March 3, 2013 (78
FR 14465, March 6, 2013).
As of March 18, 2013, NMFS has determined that approximately 1,450
metric tons of pollock total allowable catch (TAC) remain in the West
Yakutat District 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 2013 TAC of pollock in the West Yakutat District of the GOA, NMFS
is terminating the previous closure and is reopening directed fishing
for pollock in the West Yakutat District of the GOA, effective 1200
hours, A.l.t., March 22, 2013.
The Administrator, Alaska Region (Regional Administrator)
considered the following factors in reaching this decision: (1) The
current catch of pollock in the West Yakutat District 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 pollock fishery in the West
Yakutat District 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 March 18,
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 pollock
fishery in the West Yakutat District 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 April 8, 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: March 20, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-06763 Filed 3-22-13; 8:45 am]
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