Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 76903-76904 [2011-31675]
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
§ 679.20(b)(3)(iii)(A) as such a
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
apportionment of the non-specified
reserves of groundfish to the sculpins
fishery in the Bering Sea subarea.
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 November 30, 2011.
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 § 679.20(b)(3)(iii), interested
persons are invited to submit written
comments on this action (see
ADDRESSES) until December 21, 2011.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801, et seq.
Dated: December 5, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–31674 Filed 12–6–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126521–0640–02]
RIN 0648–XA858
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
sroberts on DSK5SPTVN1PROD with RULES
AGENCY:
NMFS is reallocating the
projected unused amounts of Pacific cod
total allowable catch (TAC) from catcher
SUMMARY:
VerDate Mar<15>2010
15:52 Dec 08, 2011
Jkt 226001
vessels using trawl gear and jig gear
sectors to American Fisheries Act (AFA)
trawl catcher/processors and catcher/
processors using hook-and-line gear in
the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to allow the 2011 TAC of
Pacific cod to be harvested.
DATES: Effective December 9, 2011,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, (907) 586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (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.
The C season apportionment of the
2011 Pacific cod TAC specified for
vessels using trawl gear in the BSAI is
5,458 metric tons (mt) for the period
1200 hrs, A.l.t., June 10, 2011, through
1200 hrs, A.l.t., November 1, 2011, as
established by the final 2011 and 2012
harvest specifications for groundfish in
the BSAI (76 FR 11139, March 1, 2011)
and subsequent reallocation (76 FR
54137, August 31, 2011).
The Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that trawl catcher vessels
will not be able to harvest 2,500 mt of
the C season apportionment of the 2011
Pacific cod TAC allocated to those
vessels under § 679.20(a)(7)(ii)(A)(9).
The Regional Administrator has
determined that the projected
unharvested amount is unlikely to be
harvested by any of the other sectors
described in § 679.20(a)(7)(iii)(A). On
October 24, 2011, NMFS prohibited
directed fishing for Pacific cod by
vessels using pot gear in the BSAI to
limit incidental catch of octopus (76 FR
66655, October 27, 2011). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions from the C season
trawl catcher vessel apportionment
1,750 mt of Pacific cod to the B season
apportionment for AFA trawl catcher/
processors apportionment and 750 mt to
the B season apportionment for catcher/
processors using hook-and-line gear.
The C season apportionment of the
2011 Pacific cod TAC specified for jig
gear in the BSAI is 570 mt for the period
1200 hrs, A.l.t., August 31, 2011,
through 1200 hrs, A.l.t., December 31,
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
76903
2011, as established by the final 2011
and 2012 harvest specifications for
groundfish in the BSAI (76 FR 11139,
March 1, 2011).
The Regional Administrator has
determined that the jig gear sector will
not be able to harvest 370 mt of the C
season apportionment of the 2011
Pacific cod TAC allocated to those
vessels under § 679.20(a)(7)(ii)(A)(1).
The Regional Administrator has
determined that the projected
unharvested amount is unlikely to be
harvested by any of the other sectors
described in § 679.20(a)(7)(iii)(A).
Therefore, in accordance with
§ 679.20(a)(7)(iii)(A), NMFS apportions
from the C season jig gear
apportionment 370 mt of Pacific cod to
the B season apportionment for catcher/
processors using hook-and-line gear.
The harvest specifications for Pacific
cod included in the final 2011 harvest
specifications for groundfish in the
BSAI (76 FR 11139, March 1, 2011) are
revised as follows: 2,958 mt for catcher
vessels using trawl gear and 200 mt for
jig gear to the C season apportionments
and 2,920 mt for AFA trawl catcher/
processors and 49,499 mt for catcher/
processors using hook-and-line gear to
the B season apportionments.
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 reallocation of Pacific cod
specified from trawl catcher vessels and
jig gear to AFA trawl catcher/processors
and catcher/processors using hook-andline gear. Since fisheries are currently
open, it is important to immediately
inform the industry as to the revised
allocations. 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
as well as processors. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of December 1, 2011.
The AA also finds good cause to
waive the 30-day delay in the effective
E:\FR\FM\09DER1.SGM
09DER1
76904
Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
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 § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–31675 Filed 12–6–11; 4:15 pm]
sroberts on DSK5SPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
15:52 Dec 08, 2011
Jkt 226001
PO 00000
Frm 00032
Fmt 4700
Sfmt 9990
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76903-76904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31675]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA858
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of Pacific
cod total allowable catch (TAC) from catcher vessels using trawl gear
and jig gear sectors to American Fisheries Act (AFA) trawl catcher/
processors and catcher/processors using hook-and-line gear in the
Bering Sea and Aleutian Islands management area (BSAI). This action is
necessary to allow the 2011 TAC of Pacific cod to be harvested.
DATES: Effective December 9, 2011, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, (907) 586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI according to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (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.
The C season apportionment of the 2011 Pacific cod TAC specified
for vessels using trawl gear in the BSAI is 5,458 metric tons (mt) for
the period 1200 hrs, A.l.t., June 10, 2011, through 1200 hrs, A.l.t.,
November 1, 2011, as established by the final 2011 and 2012 harvest
specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011)
and subsequent reallocation (76 FR 54137, August 31, 2011).
The Administrator, Alaska Region, NMFS (Regional Administrator) has
determined that trawl catcher vessels will not be able to harvest 2,500
mt of the C season apportionment of the 2011 Pacific cod TAC allocated
to those vessels under Sec. 679.20(a)(7)(ii)(A)(9). The Regional
Administrator has determined that the projected unharvested amount is
unlikely to be harvested by any of the other sectors described in Sec.
679.20(a)(7)(iii)(A). On October 24, 2011, NMFS prohibited directed
fishing for Pacific cod by vessels using pot gear in the BSAI to limit
incidental catch of octopus (76 FR 66655, October 27, 2011). Therefore,
in accordance with Sec. 679.20(a)(7)(iii)(A), NMFS apportions from the
C season trawl catcher vessel apportionment 1,750 mt of Pacific cod to
the B season apportionment for AFA trawl catcher/processors
apportionment and 750 mt to the B season apportionment for catcher/
processors using hook-and-line gear.
The C season apportionment of the 2011 Pacific cod TAC specified
for jig gear in the BSAI is 570 mt for the period 1200 hrs, A.l.t.,
August 31, 2011, through 1200 hrs, A.l.t., December 31, 2011, as
established by the final 2011 and 2012 harvest specifications for
groundfish in the BSAI (76 FR 11139, March 1, 2011).
The Regional Administrator has determined that the jig gear sector
will not be able to harvest 370 mt of the C season apportionment of the
2011 Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(7)(ii)(A)(1). The Regional Administrator has determined that
the projected unharvested amount is unlikely to be harvested by any of
the other sectors described in Sec. 679.20(a)(7)(iii)(A). Therefore,
in accordance with Sec. 679.20(a)(7)(iii)(A), NMFS apportions from the
C season jig gear apportionment 370 mt of Pacific cod to the B season
apportionment for catcher/processors using hook-and-line gear.
The harvest specifications for Pacific cod included in the final
2011 harvest specifications for groundfish in the BSAI (76 FR 11139,
March 1, 2011) are revised as follows: 2,958 mt for catcher vessels
using trawl gear and 200 mt for jig gear to the C season apportionments
and 2,920 mt for AFA trawl catcher/processors and 49,499 mt for
catcher/processors using hook-and-line gear to the B season
apportionments.
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 reallocation of Pacific cod specified from trawl
catcher vessels and jig gear to AFA trawl catcher/processors and
catcher/processors using hook-and-line gear. Since fisheries are
currently open, it is important to immediately inform the industry as
to the revised allocations. 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 as well as processors. NMFS
was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
December 1, 2011.
The AA also finds good cause to waive the 30-day delay in the
effective
[[Page 76904]]
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: December 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-31675 Filed 12-6-11; 4:15 pm]
BILLING CODE 3510-22-P
