[Federal Register Volume 78, Number 57 (Monday, March 25, 2013)]
[Rules and Regulations]
[Pages 17884-17885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06764]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 120918468-3111-02]
RIN 0648-XC585
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Greater Than or Equal to 50 Feet (15.2 Meters)
Length Overall Using Hook-and-Line 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels (CVs) greater than or equal to 50 feet (15.2 meters
(m)) in length overall (LOA) using hook-and-line gear in the Central
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary
to prevent exceeding the A season allowance of the 2013 Pacific cod
total allowable catch apportioned to CVs greater than or equal to 50
feet (15.2 m) LOA using hook-and-line gear in the Central Regulatory
Area of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 21,
2013, through 1200 hours, A.l.t., September 1, 2013.
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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2013 Pacific cod total allowable
catch (TAC) apportioned to CVs greater than or equal to 50 feet (15.2
m) LOA using hook-and-line gear in the Central Regulatory Area of the
GOA is 2,032 metric tons (mt), as established by the final 2013 and
2014 harvest specifications for groundfish of the GOA (78 FR 13162,
February 26, 2013).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the A season
allowance of the 2013 Pacific cod TAC apportioned to CVs greater than
or equal to 50 feet (15.2 m) LOA using hook-and-line gear in the
Central Regulatory Area of the GOA will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
1,932 mt, and is setting aside the remaining 100 mt as bycatch to
support other anticipated groundfish fisheries. In accordance with
Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this
directed fishing allowance has been reached. Consequently, NMFS is
prohibiting directed fishing for Pacific cod by CVs greater than or
equal to 50 feet (15.2 m) LOA using hook-and-line gear in the Central
Regulatory Area of the GOA. After the effective date of this closure
the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any
time during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Acting Assistant Administrator for
Fisheries, NOAA (AA), finds good cause to waive the requirement to
provide prior notice and
[[Page 17885]]
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
closure of directed fishing for Pacific cod for CVs greater than or
equal to 50 feet (15.2 m) LOA using hook-and-line gear in the Central
Regulatory Area of the GOA. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of March 19, 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.
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: March 20, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-06764 Filed 3-20-13; 4:15 pm]
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