Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 42193-42194 [2012-17483]
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Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Rules and Regulations
erowe on DSK2VPTVN1PROD with RULES
Comprehensive ACL Amendment on
January 18, 2012. The final rule to
implement the Comprehensive ACL
Amendment was published on March
16, 2012 (77 FR 15916).
On April 20, 2012, NMFS published
a supplemental proposed rule to the
Comprehensive ACL Amendment to
revise the commercial quota
(commercial ACL) for greater amberjack
and requested public comment (77 FR
23652). A summary of the action
implemented by this supplemental final
rule is provided below.
The final rule to implement the
Comprehensive ACL Amendment (77
FR 15916, March 16, 2012)
implemented AMs and a recreational
ACL for greater amberjack. However, as
part of the rulemaking for the
Comprehensive ACL Amendment,
NMFS inadvertently failed to revise the
commercial quota for greater amberjack.
This supplemental final rule revises the
greater amberjack commercial quota to
accurately reflect the actions in the
Comprehensive ACL Amendment and
the Council’s intent. This rule reduces
the current commercial sector quota of
1,169,931 lb (530,672 kg), gutted weight,
to 769,388 lb (348,989 kg), gutted
weight.
Comments and Responses
A total of four comments letters were
received on the supplemental proposed
rule. Relevant comments were similar in
content and are addressed in a single
comment and response as follows.
Comment 1: The greater amberjack
commercial quota should not be
reduced to 769,388 lb (348,989 kg),
gutted weight. The recent stock
assessment indicated that greater
amberjack is not undergoing overfishing
and is not overfished. The lower quota
will lead to greater economic hardships
if greater amberjack is closed earlier
each year.
Response: Although greater amberjack
is not undergoing overfishing and is not
overfished, the Magnuson-Stevens Act
requires that a fishery management
council specify ACLs for species in its
FMPs at a level that may not exceed the
fishing level recommendation of its
scientific and statistical committee
(SSC), and that ACLs prevent
overfishing. The SSC recommendation
that is the most relevant to ACLs is the
acceptable biological catch (ABC). Based
on the most recent stock assessment
completed in 2008, the SSC
recommended a greater amberjack stock
ABC of 1,968,000 lb (892,670 kg), round
weight. Therefore, the Council specified
a stock ACL for greater amberjack of
1,968,000 lb (892,670 kg). As described
in the Comprehensive ACL
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14:59 Jul 17, 2012
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Amendment, the commercial sector
allocation equates to a commercial ACL
of 800,163 lb (362,948 kg), round
weight, or 769,388 lb (348,989 kg),
gutted weight.
NMFS agrees that if the new
commercial quota is met in-season,
negative economic effects could be
experienced by commercial fishermen
who target greater amberjack, because
the current Federal regulations require
that if commercial landings reach, or are
projected to reach the commercial quota
(ACL), then the commercial sector will
close for the remainder of the fishing
year. The fishing year for greater
amberjack begins on May 1 and ends on
April 30. For the period of 2005–2009,
commercial greater amberjack landings
did not exceed the commercial quota
(ACL) being implemented through this
rule. However, NMFS notes that
preliminary greater amberjack
commercial landings data for the 2011–
2012 fishing year indicate that
commercial landings may have
exceeded the revised commercial quota
being implemented through this rule,
and might have triggered a closure had
this rule been in place for the 2011–
2012 fishing year. However, as noted
above, the Council cannot set the ACL
at a level that exceeds the ABC. NMFS
will monitor commercial landings for
the 2012–2013 fishing year, and
subsequent years, to determine if the
AM will be triggered and the
commercial sector should be closed inseason.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this supplemental final
rule is necessary for the conservation
and management of the species within
the Comprehensive ACL Amendment
and is consistent with the MagnusonStevens Act, and other applicable law.
This supplemental final rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that the
final rule to implement the
Comprehensive ACL Amendment
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and the supplemental
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was proposed.
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42193
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: July 12, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.42, paragraph (e)(3) is
revised to read as follows:
■
§ 622.42
Quotas.
*
*
*
*
*
(e) * * *
(3) Greater amberjack—769,388 lb
(348,989 kg).
*
*
*
*
*
[FR Doc. 2012–17493 Filed 7–17–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111207737–2141–02]
RIN 0648–0648–XC112
Fisheries of the Economic Exclusive
Zone Off Alaska; Shallow-Water
Species Fishery by Vessels Using
Trawl Gear 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 species that comprise the
shallow-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the third seasonal apportionment of the
Pacific halibut bycatch allowance
specified for the shallow-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 14, 2012, through 1200
hrs, A.l.t., September 1, 2012.
SUMMARY:
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42194
Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
erowe on DSK2VPTVN1PROD with RULES
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 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 third seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the shallow-water species
fishery in the GOA is 200 metric tons as
established by the final 2012 and 2013
harvest specifications for groundfish of
the GOA (77 FR 15194, March 14, 2012),
for the period 1200 hrs, A.l.t., July 1,
2012, through 1200 hrs, A.l.t.,
September 1, 2012.
In accordance with § 679.21(d)(7)(i),
the Administrator, Alaska Region,
NMFS, has determined that the third
seasonal apportionment of the Pacific
halibut bycatch allowance specified for
the trawl shallow-water species fishery
in the GOA has been reached.
VerDate Mar<15>2010
14:59 Jul 17, 2012
Jkt 226001
Consequently, NMFS is prohibiting
directed fishing for the shallow-water
species fishery by vessels using trawl
gear in the GOA. The species and
species groups that comprise the
shallow-water species fishery are
pollock, Pacific cod, shallow-water
flatfish, flathead sole, Atka mackerel,
skates, squids, sharks, octopuses, and
sculpins. This prohibition does not
apply to fishing for pollock by vessels
using pelagic trawl gear in those
portions of the GOA open to directed
fishing for pollock and vessels fishing
under a cooperative quota permit in the
cooperative fishery in the Rockfish
Program for the Central 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) as such requirement is
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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 the shallow-water
species fishery by vessels using trawl
gear in 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 July 12, 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 § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 13, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–17483 Filed 7–13–12; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Rules and Regulations]
[Pages 42193-42194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17483]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-0648-XC112
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for species that comprise
the shallow-water species fishery by vessels using trawl gear in the
Gulf of Alaska (GOA). This action is necessary because the third
seasonal apportionment of the Pacific halibut bycatch allowance
specified for the shallow-water species fishery in the GOA has been
reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 14, 2012,
through 1200 hrs, A.l.t., September 1, 2012.
[[Page 42194]]
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.
The third seasonal apportionment of the Pacific halibut bycatch
allowance specified for the shallow-water species fishery in the GOA is
200 metric tons as established by the final 2012 and 2013 harvest
specifications for groundfish of the GOA (77 FR 15194, March 14, 2012),
for the period 1200 hrs, A.l.t., July 1, 2012, through 1200 hrs,
A.l.t., September 1, 2012.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS, has determined that the third seasonal apportionment of
the Pacific halibut bycatch allowance specified for the trawl shallow-
water species fishery in the GOA has been reached. Consequently, NMFS
is prohibiting directed fishing for the shallow-water species fishery
by vessels using trawl gear in the GOA. The species and species groups
that comprise the shallow-water species fishery are pollock, Pacific
cod, shallow-water flatfish, flathead sole, Atka mackerel, skates,
squids, sharks, octopuses, and sculpins. This prohibition does not
apply to fishing for pollock by vessels using pelagic trawl gear in
those portions of the GOA open to directed fishing for pollock and
vessels fishing under a cooperative quota permit in the cooperative
fishery in the Rockfish Program for the Central 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 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) 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 the shallow-water species
fishery by vessels using trawl gear in 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 July 12, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 13, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-17483 Filed 7-13-12; 4:15 pm]
BILLING CODE 3510-22-P
