[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62464-62465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25260]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC288
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Using Pot 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
vessels using pot gear in the Central Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary to prevent exceeding the 2012
Pacific cod total allowable catch apportioned to vessels using pot gear
in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 12,
2012, through 2400 hrs, A.l.t., December 31, 2012.
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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 680.
The 2012 Pacific cod total allowable catch (TAC) apportioned to
vessels using pot gear in the Central Regulatory Area of the GOA is
11,755 metric tons (mt), as established by the final 2012 and 2013
harvest specifications for groundfish of the GOA (77 FR 15194, March
14, 2012).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the 2012
Pacific cod TAC apportioned to vessels using pot gear in the Central
Regulatory Area of the GOA will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
11,755 mt and is setting aside the remaining 0 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 vessels using pot 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 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 directed fishing closure of Pacific cod for vessels
using pot gear in the Central Regulatory Area of the GOA. NMFS was
unable to publish a notice providing time for public comment
[[Page 62465]]
because the most recent, relevant data only became available as of
October 9, 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.
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: October 10, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-25260 Filed 10-10-12; 4:15 pm]
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