Fisheries of the Exclusive Economic Zone Off Alaska; “Other Rockfish” in the Central Regulatory Area of the Gulf of Alaska, 50389 [2012-20511]
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Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Rules and Regulations
persons aboard, including operator and
crew.
During the closure, king mackerel
from the closed zone, including those
harvested under the bag and possession
limits, may not be purchased or sold.
This prohibition does not apply to trade
in king mackerel from the closed zones
or subzones that were harvested, landed
ashore, and sold prior to the closure and
were held in cold storage by a dealer or
processor.
Classification
pmangrum on DSK3VPTVN1PROD with RULES
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this action to
close the western zone of the Gulf to
commercial king mackerel fishing
constitutes good cause to waive the
requirements 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 prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule
implementing the commercial ACL
(commercial quota) and the associated
requirement for closure of the
commercial harvest when the ACL
(quota) is reached or projected to be
reached has already been subject to
notice and comment, and all that
remains is to notify the public of the
closure.
Additionally, allowing prior notice
and opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the king mackerel
because the capacity of the fishing fleet
allows for rapid harvest of the quota.
Prior notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
VerDate Mar<15>2010
15:03 Aug 20, 2012
Jkt 226001
Authority: 16 U.S.C. 1801 et seq.
50389
50 CFR Part 679
Regulatory Area of the GOA is 606
metric tons (mt) as established by the
final 2012 and 2013 harvest
specifications for groundfish of the GOA
(77 FR 15194, March 14, 2012).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2012 TAC of ‘‘other
rockfish’’ in the Central Regulatory Area
of the GOA has been reached. Therefore,
NMFS is requiring that ‘‘other rockfish’’
caught in the Central Regulatory Area of
the GOA be treated as prohibited
species in accordance with § 679.21(b).
[Docket No. 111207737–2141–02]
Classification
RIN 0648–XC167
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 prohibiting the retention of ‘‘other
rockfish’’ in the Central 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 August 15, 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 § 679.21 and is exempt from review
under Executive Order 12866.
Dated: August 16, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–20510 Filed 8–16–12; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Fisheries of the Exclusive Economic
Zone Off Alaska; ‘‘Other Rockfish’’ in
the Central 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 retention
of ‘‘other rockfish’’ in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary because
the 2012 total allowable catch of ‘‘other
rockfish’’ in the Central Regulatory Area
of the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 16, 2012, through
2400 hrs, A.l.t., December 31, 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
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 2012 total allowable catch (TAC)
of ‘‘other rockfish’’ in the Central
SUMMARY:
PO 00000
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Authority: 16 U.S.C. 1801 et seq.
Dated: August 16, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–20511 Filed 8–16–12; 4:15 pm]
BILLING CODE 3510–22–P
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[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Page 50389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20511]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC167
Fisheries of the Exclusive Economic Zone Off Alaska; ``Other
Rockfish'' in the Central Regulatory Area of 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 retention of ``other rockfish'' in the
Central Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary because the 2012 total allowable catch of ``other rockfish''
in the Central Regulatory Area of the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 16, 2012,
through 2400 hrs, A.l.t., December 31, 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 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 2012 total allowable catch (TAC) of ``other rockfish'' in the
Central Regulatory Area of the GOA is 606 metric tons (mt) as
established by the final 2012 and 2013 harvest specifications for
groundfish of the GOA (77 FR 15194, March 14, 2012).
In accordance with Sec. 679.20(d)(2), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2012 TAC
of ``other rockfish'' in the Central Regulatory Area of the GOA has
been reached. Therefore, NMFS is requiring that ``other rockfish''
caught in the Central Regulatory Area of the GOA be treated as
prohibited species in accordance with Sec. 679.21(b).
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 prohibiting the retention of ``other rockfish''
in the Central 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 August 15, 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 Sec. 679.21 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 16, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-20511 Filed 8-16-12; 4:15 pm]
BILLING CODE 3510-22-P
