Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting and Non-Whiting Allocations; Pacific Whiting Seasons, 2655-2656 [2012-1007]

Download as PDF Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations IV. Regulatory Flexibility Act A final regulatory flexibility analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 604, and is summarized as follows: This rule implements a statutory requirement under section 866 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011. Section 866 authorized the Secretary of Defense to establish a pilot program to assess the feasibility and advisability of acquiring military-purpose nondevelopmental items. The objective of this new DoD program is to permit DoD to enter into contracts with nontraditional defense contractors for the purpose of (1) Enabling DoD to acquire items that otherwise might not have been available to DoD; (2) assisting DoD in the rapid acquisition and fielding of capabilities needed to meet urgent operational needs; and (3) protecting the interests of the United States in paying fair and reasonable prices for the item or items acquired. No public comments were received in response to the initial regulatory flexibility analysis. The Chief Counsel for Advocacy of the Small Business Administration did not file any comments in response to this rule. DoD is unable to estimate at this time the number of small entities impacted by the rule, since this is a new pilot program and its purpose is to identify and attract nontraditional defense contractors as defined within the rule and section 866 of the National Defense Authorization Act for Fiscal Year 2011. There are no reporting, recordkeeping, or other compliance requirements to small entities associated with this rule. Additionally, there were no significant alternatives considered that met the stated objectives of the applicable statute. V. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 212 and 252 EMCDONALD on DSK29S0YB1PROD with RULES Government procurement. Mary Overstreet, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 212 and 252, VerDate Mar<15>2010 14:51 Jan 18, 2012 Jkt 226001 which was published at 76 FR 38048 on June 29, 2011, is adopted as a final rule without change. [FR Doc. 2012–970 Filed 1–18–12; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 100804324–1265–02] RIN 0648–XA927 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting and Non-Whiting Allocations; Pacific Whiting Seasons National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Reapportionment of nonwhiting catch allocations from mothership sector to catcher/processor sector; request for comments. AGENCY: This notification announces the reapportionment of 4.3 metric tons (mt) of Darkblotched rockfish, 6.5 mt of Pacific Ocean Perch, 3.3 mt of Canary rockfish, and 48.3 mt of Widow rockfish from the mothership sector to the catcher/processor sector. DATES: The reapportionment of nonwhiting is effective from 1600 local time, December 14, 2011, until December 31, 2011, unless modified, superseded or rescinded. Comments will be accepted through February 3, 2012. SUMMARY: You may submit comments, identified by NOAA–NMFS–2010–0194 by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal, at http:// www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter (NOAA–NMFS–2010–0194) in the keyword search. Locate the document you wish to comment on from the resulting list and click on the ‘‘Submit a Comment’’ icon on the right of that line. • Fax: (206) 526–6736, Attn: Kevin C. Duffy. • Email comments directly to NMFS, Northwest Region at: Whitingreapportionment@noaa.gov. • Mail: William W. Stelle, Jr., Regional Administrator, Northwest ADDRESSES: PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 2655 Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115–0070, Attn: Kevin C. Duffy. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (if submitting comments via the Federal Rulemaking portal, enter ‘‘N/A’’ in the relevant required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Kevin C. Duffy (Northwest Region, NMFS), phone: (206) 526–4743, fax: (206) 526–6736 and email: kevin.duffy@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This notice is accessible via the Internet at the Office of the Federal Register’s Web site at http:// www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the Pacific Fishery Management Council’s Web site at http://www.pcouncil.org/. Background This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. Regulations at 50 CFR 660.150(c)(4)(ii) provide for the Regional Administrator to make available for harvest to the catcher/ processor sector of the Pacific whiting fishery, the mothership sector’s nonwhiting catch allocation remaining when the Pacific whiting allocation is reached or when participants in the mothership sector do not intend to harvest the remaining allocation. Consistent with these provisions, the Whiting Mothership Cooperative Manager notified NMFS in writing on December 13, 2011 that the Whiting Mothership Cooperative had concluded their harvest of mothership sector whiting for 2011. The best available information on December 14, 2011 indicated that approximately 4.3 metric tons mt of E:\FR\FM\19JAR1.SGM 19JAR1 2656 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations Darkblotched rockfish, 6.5 mt of Pacific Ocean Perch, 3.3 mt of Canary rockfish, and 48.3 mt of Widow rockfish allocated to the mothership sector for the Pacific whiting fishery in 2011, would not be used by December 31, 2011. This notice announces the reapportionment of 4.3 mt of Darkblotched rockfish, 6.5 mt of Pacific Ocean Perch, 3.3 mt of Canary rockfish, and 48.3 mt of Widow rockfish from the mothership sector to the catcher/ processor sector. The revised nonwhiting catch allocations between the catcher/processor and mothership sectors for these species are: Darkblotched rockfish, 12.8 mt, catcher/ processor sector, 1.7 mt, mothership sector; Pacific Ocean Perch, 16.7 mt, catcher/processor sector, 0.66 mt, mothership sector; Canary rockfish, 8.1 mt, catcher/processor sector, 0.08 mt, mothership sector; and Widow rockfish, 135 mt, catcher/processor sector, 12.86 mt, mothership sector. Emails sent directly to fishing businesses and postings on the Northwest Region’s Internet site were used to provide actual notice to the affected fishers. EMCDONALD on DSK29S0YB1PROD with RULES Classification The Assistant Administrator for Fisheries, NOAA (AA), finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment pursuant to 5 U.S.C. 553(b)(B) because such notification would be impracticable and contrary to the public interest. As previously noted, actual notice of the reapportionment was provided to fishers. Prior notice and opportunity for public comment was impracticable because NMFS had insufficient time to provide prior notice and the opportunity for public comment between the time NMFS was notified that the mothership sector had concluded its harvest and the time the fishery modifications had to be implemented in order to ensure that fisheries are managed based on the best available scientific information. Reapportioning as quickly as possible was necessary to allow fishers access to the available fish. For the same reasons, the AA also finds good cause to waive the 30-day delay in effectiveness required under 5 U.S.C. 553(d)(3). These actions are authorized by 50 CFR 660.150(c)(4) and 660.150(c)(5) and VerDate Mar<15>2010 14:51 Jan 18, 2012 Jkt 226001 are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: January 13, 2012. Steven Thur, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–1007 Filed 1–18–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126521–0640–02] RIN 0648–XA940 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. AGENCY: NMFS is reallocating the projected unused amounts of the Aleut Corporation’s pollock directed fishing allowance and the Community Development Quota from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2012 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 19, 2012, until the effective date of the final 2012 and 2013 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Mary Furuness, (907) 586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific SUMMARY: PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Fishery Management Council (Council) under authority of the MagnusonStevens 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. In the Aleutian Islands subarea, the portion of the 2012 pollock total allowable catch (TAC) allocated to the Aleut Corporation’s directed fishing allowance (DFA) is 15,500 metric tons (mt) and the Community Development Quota (CDQ) is 1,900 mt as established by the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011), as adjusted by two inseason adjustments (76 FR 12607, March 8, 2011 and 76 FR 81876, December 29, 2011). As of January 20, 2012, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 10,500 mt of Aleut Corporation’s DFA and 1,900 mt of pollock CDQ in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 10,500 mt of Aleut Corporation’s DFA and 1,900 mt of pollock CDQ from the Aleutian Islands subarea to the 2012 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ is added to the 2012 Bering Sea CDQ DFA. The remaining 10,500 mt of pollock is apportioned to the AFA Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2012 pollock incidental catch allowance remains at 32,400 mt. As a result, the harvest specifications for pollock in the Aleutian Islands subarea included in the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) are revised as follows: 5,000 mt to Aleut Corporation’s DFA and 0 mt to CDQ pollock. Furthermore, pursuant to § 679.20(a)(5), Table 3 of the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011), as adjusted by two inseason adjustments (76 FR 12607, March 8, 2011 and 76 FR 81873, December 29, 2011), is revised to make 2012 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2012 Aleut Corporation and CDQ pollock allocations established at § 679.20(a)(5). E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Rules and Regulations]
[Pages 2655-2656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1007]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100804324-1265-02]
RIN 0648-XA927


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Whiting and Non-Whiting 
Allocations; Pacific Whiting Seasons

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Reapportionment of non-whiting catch allocations from 
mothership sector to catcher/processor sector; request for comments.

-----------------------------------------------------------------------

SUMMARY: This notification announces the reapportionment of 4.3 metric 
tons (mt) of Darkblotched rockfish, 6.5 mt of Pacific Ocean Perch, 3.3 
mt of Canary rockfish, and 48.3 mt of Widow rockfish from the 
mothership sector to the catcher/processor sector.

DATES: The reapportionment of non-whiting is effective from 1600 local 
time, December 14, 2011, until December 31, 2011, unless modified, 
superseded or rescinded. Comments will be accepted through February 3, 
2012.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2010-0194 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal, at http://www.regulations.gov. To submit comments via the e-Rulemaking Portal, 
first click the ``submit a comment'' icon, then enter (NOAA-NMFS-2010-
0194) in the keyword search. Locate the document you wish to comment on 
from the resulting list and click on the ``Submit a Comment'' icon on 
the right of that line.
     Fax: (206) 526-6736, Attn: Kevin C. Duffy.
     Email comments directly to NMFS, Northwest Region at: 
Whitingreapportionment@noaa.gov.
     Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Kevin C. Duffy.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (if submitting comments via the 
Federal Rulemaking portal, enter ``N/A'' in the relevant required 
fields if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Kevin C. Duffy (Northwest Region, 
NMFS), phone: (206) 526-4743, fax: (206) 526-6736 and email: 
kevin.duffy@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This notice is accessible via the Internet at the Office of the 
Federal Register's Web site at http://www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at  http://www.pcouncil.org/.

Background

    This action is authorized by regulations implementing the Pacific 
Coast Groundfish Fishery Management Plan (FMP), which governs the 
groundfish fishery off Washington, Oregon, and California.
    Regulations at 50 CFR 660.150(c)(4)(ii) provide for the Regional 
Administrator to make available for harvest to the catcher/processor 
sector of the Pacific whiting fishery, the mothership sector's 
nonwhiting catch allocation remaining when the Pacific whiting 
allocation is reached or when participants in the mothership sector do 
not intend to harvest the remaining allocation. Consistent with these 
provisions, the Whiting Mothership Cooperative Manager notified NMFS in 
writing on December 13, 2011 that the Whiting Mothership Cooperative 
had concluded their harvest of mothership sector whiting for 2011.
    The best available information on December 14, 2011 indicated that 
approximately 4.3 metric tons mt of

[[Page 2656]]

Darkblotched rockfish, 6.5 mt of Pacific Ocean Perch, 3.3 mt of Canary 
rockfish, and 48.3 mt of Widow rockfish allocated to the mothership 
sector for the Pacific whiting fishery in 2011, would not be used by 
December 31, 2011.
    This notice announces the reapportionment of 4.3 mt of Darkblotched 
rockfish, 6.5 mt of Pacific Ocean Perch, 3.3 mt of Canary rockfish, and 
48.3 mt of Widow rockfish from the mothership sector to the catcher/
processor sector. The revised nonwhiting catch allocations between the 
catcher/processor and mothership sectors for these species are: 
Darkblotched rockfish, 12.8 mt, catcher/processor sector, 1.7 mt, 
mothership sector; Pacific Ocean Perch, 16.7 mt, catcher/processor 
sector, 0.66 mt, mothership sector; Canary rockfish, 8.1 mt, catcher/
processor sector, 0.08 mt, mothership sector; and Widow rockfish, 135 
mt, catcher/processor sector, 12.86 mt, mothership sector.
    Emails sent directly to fishing businesses and postings on the 
Northwest Region's Internet site were used to provide actual notice to 
the affected fishers.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
good cause exists for this notification to be issued without affording 
prior notice and opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B) because such notification would be impracticable and contrary 
to the public interest. As previously noted, actual notice of the 
reapportionment was provided to fishers. Prior notice and opportunity 
for public comment was impracticable because NMFS had insufficient time 
to provide prior notice and the opportunity for public comment between 
the time NMFS was notified that the mothership sector had concluded its 
harvest and the time the fishery modifications had to be implemented in 
order to ensure that fisheries are managed based on the best available 
scientific information. Reapportioning as quickly as possible was 
necessary to allow fishers access to the available fish. For the same 
reasons, the AA also finds good cause to waive the 30-day delay in 
effectiveness required under 5 U.S.C. 553(d)(3).
    These actions are authorized by 50 CFR 660.150(c)(4) and 
660.150(c)(5) and are exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 13, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-1007 Filed 1-18-12; 8:45 am]
BILLING CODE 3510-22-P