Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 53152-53153 [2012-21582]
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53152
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
vessels that would otherwise have an
opportunity to harvest more than the
default retention limit of one BFT per
day/trip and may exacerbate the
problem of low catch rates and quota
rollovers. Limited opportunities to
harvest the respective quotas may have
negative social and economic impacts
for U.S. fishermen that depend upon
catching the available quota within the
time periods designated in the
Consolidated HMS FMP. Adjustment of
the retention limit needs to be effective
September 1, 2012, or as soon as
possible thereafter, to minimize any
unnecessary disruption in fishing
patterns, to allow the impacted sectors
to benefit from the adjustment, and to
not preclude fishing opportunities for
fishermen who have access to the
fishery only during this time period.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For these reasons, there is
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under 50
CFR 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–21579 Filed 8–28–12; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111213751–2102–02]
RIN 0648–XC202
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
EMCDONALD on DSK67QTVN1PROD with RULES
AGENCY:
NMFS is reallocating the
projected unused amounts of Pacific cod
from vessels using jig gear, catcher
vessels greater than 60 feet (18.3 meters)
length overall (LOA) using hook-andline gear, and catcher vessels using
trawl gear to catcher vessels less than 60
feet (18.3 meters) LOA using hook-and-
SUMMARY:
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10:37 Aug 30, 2012
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line or pot gear in the Bering Sea and
Aleutian Islands management area. This
action is necessary to allow the 2012
total allowable catch of Pacific cod to be
harvested.
DATES: Effective August 28, 2012,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(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 Pacific cod total allowable
catch (TAC) specified for vessels using
jig gear in the BSAI is 1,463 metric tons
(mt) as established by the final 2012 and
2013 harvest specifications for
groundfish in the BSAI (77 FR 10669,
February 23, 2012). The Administrator,
Alaska Region, NMFS, (Regional
Administrator) has determined that jig
vessels will not be able to harvest 1,000
mt of the remaining 2012 Pacific cod
TAC allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions 1,000 mt of Pacific
cod to catcher vessels less than 60 feet
(18.3 meters(m)) LOA using hook-andline or pot gear.
The 2012 Pacific cod TAC specified
for catcher vessels greater than or equal
to 60 feet LOA using hook-and-line gear
in the BSAI is 465 mt as established by
the final 2012 and 2013 harvest
specifications for groundfish in the
BSAI (77 FR 10669, February 23, 2012).
The Regional Administrator has
determined that catcher vessels greater
than or equal to 60 feet LOA using hookand-line gear will not be able to harvest
435 mt of the remaining 2012 Pacific
cod TAC allocated to those vessels
under § 679.20(a)(7)(ii)(A)(3). Therefore,
in accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions 435 mt of Pacific cod
to catcher vessels less than 60 feet (18.3
m) LOA using hook-and-line or pot gear.
The 2012 Pacific cod total allowable
catch specified for catcher vessels using
trawl gear in the BSAI is 51,509 mt as
established by the final 2012 and 2013
harvest specifications for groundfish in
the BSAI (77 FR 10669, February 23,
2012). The Regional Administrator has
determined that catcher vessels using
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
trawl gear will not be able to harvest 500
mt of the 2012 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(9). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS reallocates 500 mt of Pacific cod
from catcher vessels using trawl gear to
catcher vessels less than 60 feet (18.3 m)
LOA using hook-and-line or pot gear.
The harvest specifications for Pacific
cod included in the final 2012 harvest
specifications for groundfish in the
BSAI (77 FR 10669, February 23, 2012)
and inseason adjustment (77 FR 8176,
February 14, 2012) are revised as
follows: 463 mt for vessels using jig
gear, 30 mt for catcher vessels greater
than or equal to 60 feet (18.3 m) LOA
using hook-and-line gear, 51,009 mt for
vessels using trawl gear, and 8,380 mt
to catcher vessels less than 60 feet (18.3
m) LOA using hook-and-line or pot gear.
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 reallocation of Pacific cod
specified from other sectors to catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear. Since
the fishery is currently open, it is
important to immediately inform the
industry as to the revised allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery, to
allow the industry to plan for the fishing
season, and to avoid potential
disruption to the fishing fleet as well as
processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of August 27, 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.
E:\FR\FM\31AUR1.SGM
31AUR1
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
Dated: August 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–21582 Filed 8–28–12; 4:15 pm]
EMCDONALD on DSK67QTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
10:37 Aug 30, 2012
Jkt 226001
PO 00000
Frm 00013
Fmt 4700
Sfmt 9990
E:\FR\FM\31AUR1.SGM
31AUR1
53153
]]>Agencies
[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Rules and Regulations]
[Pages 53152-53153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21582]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XC202
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of Pacific
cod from vessels using jig gear, catcher vessels greater than 60 feet
(18.3 meters) length overall (LOA) using hook-and-line gear, and
catcher vessels using trawl gear to catcher vessels less than 60 feet
(18.3 meters) LOA using hook-and-line or pot gear in the Bering Sea and
Aleutian Islands management area. This action is necessary to allow the
2012 total allowable catch of Pacific cod to be harvested.
DATES: Effective August 28, 2012, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI) according to the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (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 Pacific cod total allowable catch (TAC) specified for
vessels using jig gear in the BSAI is 1,463 metric tons (mt) as
established by the final 2012 and 2013 harvest specifications for
groundfish in the BSAI (77 FR 10669, February 23, 2012). The
Administrator, Alaska Region, NMFS, (Regional Administrator) has
determined that jig vessels will not be able to harvest 1,000 mt of the
remaining 2012 Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS apportions 1,000 mt of Pacific cod to
catcher vessels less than 60 feet (18.3 meters(m)) LOA using hook-and-
line or pot gear.
The 2012 Pacific cod TAC specified for catcher vessels greater than
or equal to 60 feet LOA using hook-and-line gear in the BSAI is 465 mt
as established by the final 2012 and 2013 harvest specifications for
groundfish in the BSAI (77 FR 10669, February 23, 2012). The Regional
Administrator has determined that catcher vessels greater than or equal
to 60 feet LOA using hook-and-line gear will not be able to harvest 435
mt of the remaining 2012 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(7)(ii)(A)(3). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS apportions 435 mt of Pacific cod to catcher
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
The 2012 Pacific cod total allowable catch specified for catcher
vessels using trawl gear in the BSAI is 51,509 mt as established by the
final 2012 and 2013 harvest specifications for groundfish in the BSAI
(77 FR 10669, February 23, 2012). The Regional Administrator has
determined that catcher vessels using trawl gear will not be able to
harvest 500 mt of the 2012 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(7)(ii)(A)(9). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS reallocates 500 mt of Pacific cod from
catcher vessels using trawl gear to catcher vessels less than 60 feet
(18.3 m) LOA using hook-and-line or pot gear.
The harvest specifications for Pacific cod included in the final
2012 harvest specifications for groundfish in the BSAI (77 FR 10669,
February 23, 2012) and inseason adjustment (77 FR 8176, February 14,
2012) are revised as follows: 463 mt for vessels using jig gear, 30 mt
for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using
hook-and-line gear, 51,009 mt for vessels using trawl gear, and 8,380
mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-
line or pot gear.
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 reallocation of Pacific cod specified from other
sectors to catcher vessels less than 60 feet (18.3 m) LOA using hook-
and-line or pot gear. Since the fishery is currently open, it is
important to immediately inform the industry as to the revised
allocations. Immediate notification is necessary to allow for the
orderly conduct and efficient operation of this fishery, to allow the
industry to plan for the fishing season, and to avoid potential
disruption to the fishing fleet as well as processors. NMFS was unable
to publish a notice providing time for public comment because the most
recent, relevant data only became available as of August 27, 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.
[[Page 53153]]
Dated: August 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-21582 Filed 8-28-12; 4:15 pm]
BILLING CODE 3510-22-P
