Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska, 6683-6684 [2012-3023]

Download as PDF Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Rules and Regulations northern fur seals, NMFS is publishing the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2008 to 2010, and the annual estimates for the fur seal subsistence needs for 2011 through 2013. Alaska Natives on St. Paul harvested 328, 341, and 357 fur seals from 2008, 2009 and 2010, respectively, and 170, 113, and 78 fur seals on St. George Island during the same period. NMFS estimates the annual subsistence needs are 1,645–2,000 seals on St. Paul and 300–500 seals on St. George. DATES: Effective March 12, 2012. FOR FURTHER INFORMATION CONTACT: Michael Williams, (907) 271–5117, email Michael.Williams@noaa.gov; Kim Rivera, (907) 586–7424, email Kim.Rivera@noaa.gov; or Shannon Bettridge, (301) 427–8402, email Shannon.Bettridge@noaa.gov. SUPPLEMENTARY INFORMATION: emcdonald on DSK29S0YB1PROD with RULES Electronic Access A Final Environmental Impact Statement, harvest reports, and other relevant information are available on the Internet at the following address: https://www.alaskafisheries.noaa.gov/ protectedresources/seals/fur.htm. The subsistence harvest from the depleted stock of northern fur seals, Callorhinus ursinus, on the Pribilof Islands, Alaska, is governed by regulations found in 50 CFR part 216, subpart F, Taking for Subsistence Purposes. The regulations require NMFS to publish every 3 years a summary of the harvest in the preceding 3 years, and to discuss the number of fur seals expected to be taken over the next 3 years to satisfy the subsistence requirements of residents of the Pribilof Islands (St. Paul and St. George). After a 30-day comment period, NMFS must publish a final notification of the expected annual harvest levels for the next 3 years. On July 29, 2011 (76 FR 45499), NMFS published the summary of the 2008–2010 fur seal harvests and provided a 30-day comment period on the estimates of subsistence needs for the 2011–2013. No comments were received. Based on past studies, NMFS estimates the annual subsistence needs for Alaskan Natives for the next 3 years are 1,645–2,000 juvenile male fur seals on St. Paul Island, and 300–500 juvenile male fur seals on St. George Island. Background information related to these estimates was included in the proposed harvest estimates published in the Federal Register on July 29, 2011. VerDate Mar<15>2010 15:13 Feb 08, 2012 Jkt 226001 Classification National Environmental Policy Act NMFS prepared an Environmental Impact Statement (EIS) evaluating the impacts on the human environment of the subsistence harvest of northern fur seals. The Final EIS, which is available on the NMFS Web site (see Electronic Access) was subjected to public review (69 FR 53915, September 3, 2004), and the comments were incorporated into the final EIS (May 2005). Therefore, no further environmental impact analyses are required. Executive Order 12866 and Regulatory Flexibility Act This action has been determined not to be a significant rule under Executive Order (E.O.) 12866. The Chief Counsel for Regulation, Department of Commerce, certified to the Chief Counsel for Advocacy of the Small Business Administration that this action would not have a significant economic impact on a substantial number of small entities. The harvest of northern fur seals on the Pribilof Islands, Alaska, is for subsistence purposes only, and the estimate of subsistence need would not have an adverse economic impact on any small entities. Background information related to the certification was included in the proposed estimates published in the Federal Register on July 29, 2011. We received no comments on this certification; therefore a regulatory flexibility analysis is not required for this action, and none has been prepared. Paperwork Reduction Act This action does not require the collection of information. Executive Order 13132—Federalism This action does not contain policies with federalism implications sufficient to warrant preparation of a federalism assessment under E.O. 13132 because this action does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Nonetheless, NMFS worked closely with local governments in the Pribilof Islands, and these estimates of subsistence needs were prepared by the local governments in St. Paul and St. George, with assistance from NMFS officials. Executive Order 13175—Native Consultation Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 Note), the PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 6683 executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), and the American Indian Native Policy of the U.S. Department of Commerce (March 30, 1995) outline the responsibilities of the National Marine Fisheries Service in matters affecting tribal interests. Section 161 of Public Law 108–100 (188 Stat. 452) as amended by section 518 of Public Law 108–447 (118 Stat. 3267), extends the consultation requirements of E.O. 13175 to Alaska Native corporations. NMFS has contacted the tribal governments of St. Paul and St. George Islands and their respective local Native corporations (Tanadgusix and Tanaq) about setting the next three years harvest estimates and received their input. Dated: February 3, 2012. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2012–3052 Filed 2–8–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126522–0640–2] RIN 0648–XA988 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2012 Pacific cod total allowable catch apportioned to vessels using pot gear in the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 6, 2012, through 1200 hrs, A.l.t., September 1, 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 SUMMARY: E:\FR\FM\09FER1.SGM 09FER1 6684 Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Rules and Regulations emcdonald on DSK29S0YB1PROD with RULES Alaska (FMP) prepared by the North Pacific Fishery Management 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. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680. The A season allowance of the 2012 Pacific cod total allowable catch (TAC) apportioned to vessels using pot gear in the Western Regulatory Area of the GOA is 4,100 metric tons (mt), as established by the final 2011 and 2012 harvest specifications for groundfish of the GOA (76 FR 11111, March 1, 2011), revision to the final 2012 harvest specifications for Pacific cod (76 FR 81860, December 29, 2011), and inseason adjustment to the final 2012 harvest specifications for Pacific cod (77 FR 438, January 5, 2012). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the A season allowance of the 2012 Pacific cod TAC apportioned to vessels using pot gear in VerDate Mar<15>2010 15:13 Feb 08, 2012 Jkt 226001 the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 4,090 mt and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 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 Western Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 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 Western 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 February 3, 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 6, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–3023 Filed 2–6–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\09FER1.SGM 09FER1

Agencies

[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Pages 6683-6684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3023]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126522-0640-2]
RIN 0648-XA988


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Pot Gear in the Western 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 Western Regulatory Area of the Gulf of 
Alaska (GOA). This action is necessary to prevent exceeding the A 
season allowance of the 2012 Pacific cod total allowable catch 
apportioned to vessels using pot gear in the Western Regulatory Area of 
the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 6, 
2012, through 1200 hrs, A.l.t., September 1, 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

[[Page 6684]]

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 2012 Pacific cod total allowable 
catch (TAC) apportioned to vessels using pot gear in the Western 
Regulatory Area of the GOA is 4,100 metric tons (mt), as established by 
the final 2011 and 2012 harvest specifications for groundfish of the 
GOA (76 FR 11111, March 1, 2011), revision to the final 2012 harvest 
specifications for Pacific cod (76 FR 81860, December 29, 2011), and 
inseason adjustment to the final 2012 harvest specifications for 
Pacific cod (77 FR 438, January 5, 2012).
    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 2012 Pacific cod TAC apportioned to vessels using pot 
gear in the Western Regulatory Area of the GOA will soon be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 4,090 mt and is setting aside the remaining 10 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 Western 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 Western 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 February 3, 
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: February 6, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-3023 Filed 2-6-12; 4:15 pm]
BILLING CODE 3510-22-P

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