Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 12503-12505 [2012-4989]
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
12503
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Orange .............
Town of Chapel Hill
(10–04–6903P).
November 23, 2011; November
30, 2011; The Chapel Hill
Herald.
March 29, 2012 ..............
370180
Stanly ...............
City of Albemarle
(11–04–3287P).
March 9, 2012 ................
370223
Stanly ...............
Unincorporated
areas of Stanly
County (11–04–
3287P).
November 3, 2011; November
10, 2011; The Stanly News &
Press.
November 3, 2011; November
10, 2011; The Stanly News &
Press.
The Honorable Mark Kleinschmidt, Mayor,
Town of Chapel Hill, 405 Martin Luther
King Jr. Boulevard, Chapel Hill, NC
27514.
The Honorable Elbert L. Whitley, Jr.,
Mayor, City of Albemarle, 144 North
2nd Street, Albemarle, NC 28001.
Mr. Andy Lucas, Stanly County Manager,
1000 North 1st Street, Suite 10, Albemarle, NC 28001.
March 9, 2012 ................
370361
November 17, 2011; November
24, 2011; The Denton
Record-Chronicle.
November 28, 2011; December
5, 2011; The Daily Commercial Recorder.
November 28, 2011; December
5, 2011; The Daily Commercial Recorder.
November 10, 2011; November
17, 2011; The Fort Worth
Star-Telegram.
November 29, 2011; December
6, 2011; The Times Record
News.
The Honorable Mark A. Burroughs,
Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201.
The Honorable Harold Baldwin, Mayor,
City of Schertz, 1400 Schertz Parkway,
Schertz, TX 78154.
The Honorable Tom Daly, Mayor, City of
Selma, 9375 Corporate Drive, Selma,
TX 78154.
The Honorable John Terrell, Mayor, City
of Southlake, 1400 Main Street, Suite
270, Southlake, TX 76092.
The Honorable Glenn Barham, Mayor,
City of Wichita Falls, 1300 7th Street,
Wichita Falls, TX 76301.
November 10, 2011 ........
480194
April 3, 2012 ...................
480269
April 3, 2012 ...................
480046
March 16, 2012 ..............
480612
April 4, 2012 ...................
480662
November 30, 2011; December
7, 2011; The Loudoun Times
Mirror.
The Honorable Scott K. York, Chairman,
Loudoun County Board of Supervisors,
1 Harrison Street, Leesburg, VA 20175.
April 5, 2012 ...................
510090
State and county
Texas:
Denton ..............
City of Denton (11–
06–3838P).
Guadalupe ........
City of Schertz (11–
06–1933P).
Guadalupe ........
City of Selma (11–
06–1933P).
Tarrant ..............
City of Southlake
(11–06–2709P).
Wichita ..............
City of Wichita Falls
(11–06–1179P).
Virginia:
Loudoun ...........
Unincorporated
areas of Loudoun
County (11–03–
0738P).
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: February 15, 2012.
Sandra K. Knight,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2012–4955 Filed 2–29–12; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 100804324–1265–02]
RIN 0648–BB88
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures; request for comments.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
SUMMARY:
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16:41 Feb 29, 2012
Jkt 226001
fisheries. These actions, which are
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(FMP), are intended to allow fisheries to
access more abundant groundfish stocks
while protecting overfished and
depleted stocks.
DATES: Effective 0001 hours (local time)
March 1, 2012. Comments on this final
rule must be received no later than
April 2, 2012.
ADDRESSES: You may submit comments,
identified by FDMS docket number
NOAA–NMFS–2010–0194 by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 206–526–6736, Attn: Colby
Brady
• Mail: William W. Stelle, Jr.,
Regional Administrator, Northwest
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–0070, Attn:
Colby Brady.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
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.
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
Community
No.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Colby Brady (Northwest Region, NMFS),
phone: 206–526–6117, fax: 206–526–
6736, colby.brady@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Web site at https://
www.gpo.gov/fdsys/search/home.action.
Background information and documents
are available at the Pacific Fishery
Management Council’s Web site at
https://www.pcouncil.org/.
Background
The Pacific Coast Groundfish FMP
and its implementing regulations at title
50 in the Code of Federal Regulations
(CFR), part 660, subparts C through G,
regulate fishing for over 90 species of
groundfish off the coasts of Washington,
Oregon, and California. Groundfish
specifications and management
measures are developed by the Pacific
Fishery Management Council (Council),
and are implemented by NMFS.
On November 3, 2010, NMFS
published a proposed rule to implement
the 2011–2012 harvest specifications
E:\FR\FM\01MRR1.SGM
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12504
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
and management measures for most
species of the Pacific Coast groundfish
fishery (75 FR 67810). The final rule to
implement the 2011–12 harvest
specifications and management
measures for most species of the Pacific
Coast Groundfish Fishery was published
on May 11, 2011 (76 FR 27508). This
final rule was subsequently amended by
several inseason actions including the
one that is referenced in this action,
which published on December 21, 2011
(76 FR 79122).
This inseason action contains a
modification to Washington state
lingcod recreational management
measures implemented in the December
21, 2011, final rule (76 FR 79122).
Background and Need for Clarification
of Washington State Lingcod
Recreational Fishery Management
Measures
The Council recommended adjusting
the biennial groundfish management
measures for the remainder of the
biennial period to respond to updated
fishery information and other inseason
management needs at its November 2–
November 6 meeting in Costa Mesa,
California. One of the changes included
adoption of regulations that would
create a lingcod recreational fishing
closure off Washington to conform with
state regulations. NMFS implemented
this change by inseason action on
December 21, 2011 (76 FR 79122). As
published, the final regulations
contained errors within
§ 660.360(c)(1)(i)(D)(2) of the Code of
Federal Regulations (CFR) that may
mislead the public and needs to be
clarified. This clarification will
establish the appropriate language in
that paragraph.
In establishing the new closure for
lingcod, regulations unintentionally
allowed lingcod fishing between a
boundary line approximating the 30-fm
(55-m) depth contour and the new
lingcod closure area from March 15
through June 15. This is inconsistent
with the intent of the regulations, which
was to close the areas both seaward of
the 30-fm (50-m) boundary line and the
area seaward of the new lingcod closure
line. Those area restrictions would both
apply on the dates that were outlined,
except on days that the primary halibut
fishery is open. As published, the
regulations in this paragraph do not
fully implement the Council’s
recommendation. This regulation would
be confusing to the public if it is not
clarified.
Therefore, as the Council
recommended, NMFS is implementing a
lingcod recreational fishery area closure
as follows: Lingcod fishing is prohibited
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16:41 Feb 29, 2012
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year round, except in Marine Area 2 on
days when the Pacific halibut fishery is
open, in the area seaward (West) of a
straight line connecting all of the
following points in the order stated:
47°31.70′ N. lat., 124°45.00′ W. long.;
46°38.17′ N. lat., 124°30.00′ W. long.;
46°38.17′ N. lat., 124°21.00′ W. long.;
and 46°25.00′ N. lat., 124°21.00′ W.
long.
Classification
This final rule makes routine inseason
adjustments to groundfish fishery
management measures based on the best
available information and is taken
pursuant to the regulations
implementing the Pacific Coast
Groundfish FMP.
This action is taken under the
authority of 50 CFR 660.60(c) and is
exempt from review under Executive
Order 12866.
This inseason adjustment is also taken
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), and is in accordance with 50 CFR
part 660, the regulations implementing
the FMP. This action is based on the
most recent information available.
For the following reasons, NMFS
finds good cause to waive prior public
notice and comment on the revisions to
groundfish management measures under
5 U.S.C. 553(b)(3)(B) because notice and
comment would be impracticable and
contrary to the public interest. Also, for
the same reasons, NMFS finds good
cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C.
553(d)(3), so that this final rule may
become effective as quickly as possible.
The recently available information
upon which the changes to the
Washington recreational management
measure changes are based was
originally provided to the Council, and
the Council made its recommendations,
at its November 2–6, 2011, meeting in
Costa Mesa, California. The Council
recommended that these changes be
implemented by January 1, 2012 or as
quickly as possible thereafter. For the
actions to be implemented in this final
rule, affording the time necessary for
prior notice and opportunity for public
comment would prevent NMFS from
managing fisheries using the best
available science to approach, without
exceeding, the ACLs for federally
managed species in accordance with the
FMP and applicable laws. The
adjustments to management measures in
this document affect recreational
fisheries off Washington State.
These adjustments to management
measures must be implemented in a
timely manner: To conform federal
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
regulations to the new Washington State
lingcod recreational fishing area closure
prior to the March 17 opening of the
recreational fishery. If this rule is not
implemented immediately, the public
will have incorrect information
regarding boundaries used, and allowed
fishing activities for groundfish fisheries
management, which would cause
confusion and be inconsistent with the
intent of the December 21, 2011
inseason action. It would be contrary to
the public interest to delay
implementation of these changes until
after public notice and comment,
because making this regulatory change
immediately allows harvest as intended
by the Council in fisheries that are
important to coastal communities in a
manner that prevents ACLs of
overfished species from being exceeded,
preventing premature closure of the
recreational fishery.
No aspect of this action is
controversial and no change in
operating practices in the fishery is
required from those intended in this
inseason adjustment, as state regulations
are already in place to the effect of this
conforming action.
Delaying these changes would also
keep management measures in place
that are not based on the best available
information. Accordingly, for the
reasons stated above, NMFS finds good
cause to waive prior notice and
comment and the delay in effectiveness.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: February 27, 2012.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.360, paragraph
(c)(1)(i)(D)(2) is revised to read as
follows:
■
§ 660.360 Recreational fishery—
management measures.
*
*
*
*
*
(c) * * *
(1) * * *
(i) * * *
(D) * * *
(2) Between the Queets River
(47°31.70′ N. lat.) and Leadbetter Point
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
(46°38.17′ N. lat.) (Washington state
Marine Area 2), recreational fishing for
groundfish, is prohibited seaward of a
boundary line approximating the 30 fm
(55 m) depth contour from March 15
through June 15 with the following
exceptions: Recreational fishing for
lingcod is permitted within the RCA on
days that the primary halibut fishery is
open; recreational fishing for rockfish is
permitted within the RCA from March
15 through June 15; recreational fishing
for sablefish and Pacific cod is
permitted within the recreational RCA
from May 1 through June 15. In addition
to the RCA described above, between
the Queets River (47°31.70′ N. lat.) and
Leadbetter Point (46°38.17′ N. lat.)
(Washington state Marine Area 2),
recreational fishing for lingcod is
prohibited year round seaward of a
straight line connecting all of the
following points in the order stated:
47°31.70′ N. lat., 124°45.00′ W. long.;
46°38.17′ N. lat., 124°30.00′ W. long.
with the following exceptions: On days
that the primary halibut fishery is open
lingcod may be taken, retained and
possessed within the lingcod area
closure. Days open to Pacific halibut
recreational fishing off Washington are
announced on the NMFS hotline at
(206) 526–6667 or (800) 662–9825.
Retention of lingcod seaward of the
boundary line approximating the 30 fm
(55 m) depth contour south of 46°58′ N.
lat. is prohibited on Fridays and
Saturdays from July 1 through August
31. For additional regulations regarding
the Washington recreational lingcod
fishery, see paragraph (c)(1)(iv) of this
section. Coordinates for the boundary
line approximating the 30 fm (55 m)
depth contour are listed in § 660.71.
*
*
*
*
*
[FR Doc. 2012–4989 Filed 2–29–12; 8:45 am]
tkelley on DSK3SPTVN1PROD with RULES
BILLING CODE 3510–22–P
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16:41 Feb 29, 2012
Jkt 226001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
RIN 0648–XB049
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 620 in 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 pollock in Statistical Area
620 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the A season allowance of the 2012 total
allowable catch of pollock for Statistical
Area 620 in the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 27, 2012, through
1200 hrs, A.l.t., March 10, 2012.
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 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.
The A season allowance of the 2012
total allowable catch (TAC) of pollock in
Statistical Area 620 of the GOA is
14,023 metric tons (mt) as established
by the final 2011 and 2012 harvest
specifications for groundfish of the GOA
(76 FR 11111, March 1, 2011) and
inseason adjustment (77 FR 438, January
5, 2012).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the A season allowance
of the 2012 TAC of pollock in Statistical
Area 620 of the GOA will soon be
SUMMARY:
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Fmt 4700
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12505
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 13,773 mt and is
setting aside the remaining 250 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 pollock in Statistical
Area 620 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 Acting 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) and § 679.25(c)(1)(ii) 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 pollock in Statistical Area 620
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 24, 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 27, 2012.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–4975 Filed 2–27–12; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12503-12505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4989]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100804324-1265-02]
RIN 0648-BB88
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Biennial Specifications and Management Measures; Inseason Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures; request for comments.
-----------------------------------------------------------------------
SUMMARY: This final rule announces inseason changes to management
measures in the Pacific Coast groundfish fisheries. These actions,
which are authorized by the Pacific Coast Groundfish Fishery Management
Plan (FMP), are intended to allow fisheries to access more abundant
groundfish stocks while protecting overfished and depleted stocks.
DATES: Effective 0001 hours (local time) March 1, 2012. Comments on
this final rule must be received no later than April 2, 2012.
ADDRESSES: You may submit comments, identified by FDMS docket number
NOAA-NMFS-2010-0194 by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal
http:[sol][sol]www.regulations.gov.
Fax: 206-526-6736, Attn: Colby Brady
Mail: William W. Stelle, Jr., Regional Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Colby Brady.
Instructions: All comments received are a part of the public record
and will generally be posted to http:[sol][sol]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 (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Colby Brady (Northwest Region, NMFS),
phone: 206-526-6117, fax: 206-526-6736, colby.brady@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the Internet at the Office of the
Federal Register's Web site at http:[sol][sol]www.gpo.gov/fdsys/search/
home.action. Background information and documents are available at the
Pacific Fishery Management Council's Web site at
http:[sol][sol]www.pcouncil.org/.
Background
The Pacific Coast Groundfish FMP and its implementing regulations
at title 50 in the Code of Federal Regulations (CFR), part 660,
subparts C through G, regulate fishing for over 90 species of
groundfish off the coasts of Washington, Oregon, and California.
Groundfish specifications and management measures are developed by the
Pacific Fishery Management Council (Council), and are implemented by
NMFS.
On November 3, 2010, NMFS published a proposed rule to implement
the 2011-2012 harvest specifications
[[Page 12504]]
and management measures for most species of the Pacific Coast
groundfish fishery (75 FR 67810). The final rule to implement the 2011-
12 harvest specifications and management measures for most species of
the Pacific Coast Groundfish Fishery was published on May 11, 2011 (76
FR 27508). This final rule was subsequently amended by several inseason
actions including the one that is referenced in this action, which
published on December 21, 2011 (76 FR 79122).
This inseason action contains a modification to Washington state
lingcod recreational management measures implemented in the December
21, 2011, final rule (76 FR 79122).
Background and Need for Clarification of Washington State Lingcod
Recreational Fishery Management Measures
The Council recommended adjusting the biennial groundfish
management measures for the remainder of the biennial period to respond
to updated fishery information and other inseason management needs at
its November 2-November 6 meeting in Costa Mesa, California. One of the
changes included adoption of regulations that would create a lingcod
recreational fishing closure off Washington to conform with state
regulations. NMFS implemented this change by inseason action on
December 21, 2011 (76 FR 79122). As published, the final regulations
contained errors within Sec. 660.360(c)(1)(i)(D)(2) of the Code of
Federal Regulations (CFR) that may mislead the public and needs to be
clarified. This clarification will establish the appropriate language
in that paragraph.
In establishing the new closure for lingcod, regulations
unintentionally allowed lingcod fishing between a boundary line
approximating the 30-fm (55-m) depth contour and the new lingcod
closure area from March 15 through June 15. This is inconsistent with
the intent of the regulations, which was to close the areas both
seaward of the 30-fm (50-m) boundary line and the area seaward of the
new lingcod closure line. Those area restrictions would both apply on
the dates that were outlined, except on days that the primary halibut
fishery is open. As published, the regulations in this paragraph do not
fully implement the Council's recommendation. This regulation would be
confusing to the public if it is not clarified.
Therefore, as the Council recommended, NMFS is implementing a
lingcod recreational fishery area closure as follows: Lingcod fishing
is prohibited year round, except in Marine Area 2 on days when the
Pacific halibut fishery is open, in the area seaward (West) of a
straight line connecting all of the following points in the order
stated: 47[deg]31.70' N. lat., 124[deg]45.00' W. long.; 46[deg]38.17'
N. lat., 124[deg]30.00' W. long.; 46[deg]38.17' N. lat., 124[deg]21.00'
W. long.; and 46[deg]25.00' N. lat., 124[deg]21.00' W. long.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures based on the best available information and
is taken pursuant to the regulations implementing the Pacific Coast
Groundfish FMP.
This action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
This inseason adjustment is also taken under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and is in accordance with 50 CFR part 660, the
regulations implementing the FMP. This action is based on the most
recent information available.
For the following reasons, NMFS finds good cause to waive prior
public notice and comment on the revisions to groundfish management
measures under 5 U.S.C. 553(b)(3)(B) because notice and comment would
be impracticable and contrary to the public interest. Also, for the
same reasons, NMFS finds good cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule
may become effective as quickly as possible.
The recently available information upon which the changes to the
Washington recreational management measure changes are based was
originally provided to the Council, and the Council made its
recommendations, at its November 2-6, 2011, meeting in Costa Mesa,
California. The Council recommended that these changes be implemented
by January 1, 2012 or as quickly as possible thereafter. For the
actions to be implemented in this final rule, affording the time
necessary for prior notice and opportunity for public comment would
prevent NMFS from managing fisheries using the best available science
to approach, without exceeding, the ACLs for federally managed species
in accordance with the FMP and applicable laws. The adjustments to
management measures in this document affect recreational fisheries off
Washington State.
These adjustments to management measures must be implemented in a
timely manner: To conform federal regulations to the new Washington
State lingcod recreational fishing area closure prior to the March 17
opening of the recreational fishery. If this rule is not implemented
immediately, the public will have incorrect information regarding
boundaries used, and allowed fishing activities for groundfish
fisheries management, which would cause confusion and be inconsistent
with the intent of the December 21, 2011 inseason action. It would be
contrary to the public interest to delay implementation of these
changes until after public notice and comment, because making this
regulatory change immediately allows harvest as intended by the Council
in fisheries that are important to coastal communities in a manner that
prevents ACLs of overfished species from being exceeded, preventing
premature closure of the recreational fishery.
No aspect of this action is controversial and no change in
operating practices in the fishery is required from those intended in
this inseason adjustment, as state regulations are already in place to
the effect of this conforming action.
Delaying these changes would also keep management measures in place
that are not based on the best available information. Accordingly, for
the reasons stated above, NMFS finds good cause to waive prior notice
and comment and the delay in effectiveness.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: February 27, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. In Sec. 660.360, paragraph (c)(1)(i)(D)(2) is revised to read as
follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(1) * * *
(i) * * *
(D) * * *
(2) Between the Queets River (47[deg]31.70' N. lat.) and Leadbetter
Point
[[Page 12505]]
(46[deg]38.17' N. lat.) (Washington state Marine Area 2), recreational
fishing for groundfish, is prohibited seaward of a boundary line
approximating the 30 fm (55 m) depth contour from March 15 through June
15 with the following exceptions: Recreational fishing for lingcod is
permitted within the RCA on days that the primary halibut fishery is
open; recreational fishing for rockfish is permitted within the RCA
from March 15 through June 15; recreational fishing for sablefish and
Pacific cod is permitted within the recreational RCA from May 1 through
June 15. In addition to the RCA described above, between the Queets
River (47[deg]31.70' N. lat.) and Leadbetter Point (46[deg]38.17' N.
lat.) (Washington state Marine Area 2), recreational fishing for
lingcod is prohibited year round seaward of a straight line connecting
all of the following points in the order stated: 47[deg]31.70' N. lat.,
124[deg]45.00' W. long.; 46[deg]38.17' N. lat., 124[deg]30.00' W. long.
with the following exceptions: On days that the primary halibut fishery
is open lingcod may be taken, retained and possessed within the lingcod
area closure. Days open to Pacific halibut recreational fishing off
Washington are announced on the NMFS hotline at (206) 526-6667 or (800)
662-9825. Retention of lingcod seaward of the boundary line
approximating the 30 fm (55 m) depth contour south of 46[deg]58' N.
lat. is prohibited on Fridays and Saturdays from July 1 through August
31. For additional regulations regarding the Washington recreational
lingcod fishery, see paragraph (c)(1)(iv) of this section. Coordinates
for the boundary line approximating the 30 fm (55 m) depth contour are
listed in Sec. 660.71.
* * * * *
[FR Doc. 2012-4989 Filed 2-29-12; 8:45 am]
BILLING CODE 3510-22-P
