North Pacific Fishery Management Council; Essential Fish Habitat Amendments, 66564-66565 [2012-27075]
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Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111207737–2141–02]
RIN 0648–XC333
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Western Regulatory
Area of the Gulf of Alaska Management
Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from catcher vessels using trawl gear
and hook-and-line catcher/processors
(C/Ps) to vessels using pot gear in the
Western Regulatory Area of the Gulf of
Alaska management area (GOA). This
action is necessary to allow the 2012
total allowable catch of Pacific cod in
the Western Regulatory Area of the GOA
to be harvested.
DATES: Effective November 1, 2012,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Gulf of Alaska 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.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The 2012 Pacific cod total allowable
catch specified for catcher vessels using
trawl gear in the Western Regulatory
Area of the GOA is 7,802 metric tons
(mt) as established by the final 2012 and
2013 harvest specifications for
groundfish in the GOA (77 FR 15194,
March 14, 2012) and reallocation on
September 1, 2012 (77 FR 54838,
September 6, 2012). The 2012 Pacific
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SUMMARY:
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17:28 Nov 05, 2012
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cod total allowable catch specified for
hook-and-line C/Ps in the Western
Regulatory Area of the GOA is 4,100 mt
as established by the final 2012 and
2013 harvest specifications for
groundfish in the GOA (77 FR 15194,
March 14, 2012). The Administrator,
Alaska Region (Regional Administrator)
has determined that catcher vessels
using trawl gear will not be able to
harvest 1,400 mt and hook-and-line C/
Ps will not be able to harvest 600 mt of
the 2012 Pacific cod TAC allocated to
those vessels under § 679.20(a)(12)(i)(A).
In accordance with
§ 679.20(a)(12)(ii)(B), the Regional
Administrator has also determined that
the pot vessels currently have the
capacity to harvest this excess allocation
and reallocates 2,000 mt to vessels using
pot gear in the Western Regulatory Area
of the GOA.
The harvest specifications for Pacific
cod in the Western Regulatory Area of
the GOA included in the final 2012
harvest specifications for groundfish in
the GOA (77 FR 15194, March 14, 2012)
are revised as follows: 6,402 mt for
catcher vessels using trawl gear, 3,500
mt for hook-and-line C/Ps and 9,869 mt
for vessels using pot gear.
Classification
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Fmt 4700
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–27045 Filed 11–1–12; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–XA500
North Pacific Fishery Management
Council; Essential Fish Habitat
Amendments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of agency decision.
AGENCY:
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 catcher vessels using
trawl gear and hook-and-line C/Ps to
vessels using 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 October 31, 2012.
PO 00000
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.
Sfmt 4700
NMFS announces approval of
Amendment 98 to the Fishery
Management Plan (FMP) for Groundfish
of the Bering Sea and Aleutian Islands
Management Area (BSAI Groundfish
FMP); Amendment 90 to the FMP for
Groundfish of the Gulf of Alaska (GOA
Groundfish FMP); Amendment 40 to the
FMP for Bering Sea/Aleutian Islands
King and Tanner Crabs (BSAI Crab
FMP); Amendment 15 to the FMP for
the Scallop Fishery off Alaska (Scallop
FMP); and Amendment 1 to the FMP for
Fish Resources of the Arctic
Management Area (Arctic FMP). These
amendments update the existing
essential fish habitat (EFH) provisions
in the FMPs based on a 5-year EFH
review. This action is intended to
promote the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
FMPs, and other applicable laws.
DATES: The amendments were approved
on October 31, 2012.
ADDRESSES: Electronic copies of the
Final EFH 5-year Review for 2010
SUMMARY:
E:\FR\FM\06NOR1.SGM
06NOR1
Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations
erowe on DSK6TPTVN1PROD with RULES
Summary Report, the Environmental
Assessment prepared for this action and
the amendments may be obtained from
the Alaska Region Web site at https://
alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Ellgen, 907–586–7228.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council submit any FMP amendment it
prepares to NMFS for review and
approval, disapproval, or partial
approval by the Secretary of Commerce.
The Magnuson-Stevens Act also
requires that NMFS, upon receiving an
FMP amendment, immediately publish
a notice in the Federal Register
announcing that the amendment is
available for public review and
comment.
On August 8, 2012, NMFS published
the notice of availability for the
amendments, with a comment period
that ended on October 9, 2012 (77 FR
47356). NMFS did not receive any
comments on these proposed
amendments.
NMFS determined that these
amendments are consistent with the
Magnuson-Stevens Act and other
applicable laws and approved the
amendments on October 31, 2012. The
notice of availability contains additional
information on this action. No changes
to Federal regulations are necessary to
implement these FMP amendments.
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14:24 Nov 05, 2012
Jkt 229001
NMFS and regional fishery
management councils must describe and
identify EFH in FMPs. The MagnusonStevens Act defines EFH as ‘‘those
waters and substrate necessary to fish
for spawning, breeding, feeding, or
growth to maturity.’’ The FMPs contain
various EFH components, including the
requirement to review EFH every 5
years.
In 2009 and 2010, a 5-year EFH
review was conducted for the North
Pacific Fishery Management Council
(Council), and the results of this review
are documented in the Final EFH 5-year
Review for 2010 Summary Report (see
ADDRESSES). Based on the 5-year review
and the summary report, the Council
identified various elements of the EFH
FMP text that merited revision. EFH
revisions to the FMP for the Salmon
Fisheries in the EEZ off the Coast of
Alaska (Salmon FMP), Amendment 11,
were proposed with Amendments 10
and 12 to the Salmon FMP (77 FR
19605, April 2, 2012). The Secretary of
Commerce approved Amendments 10,
11, and 12 to the Salmon FMP on June
29, 2012.
The five amendments addressed by
this notice revise the following FMP
components for EFH:
• The EFH provisions of the BSAI
and GOA Groundfish FMPs for 24
groundfish species or complexes.
• The EFH provisions of the BSAI
Crab FMP for five crab species or
complexes.
• The EFH provisions of the Scallop
FMP for weathervane scallop.
PO 00000
Frm 00037
Fmt 4700
Sfmt 9990
66565
• The EFH conservation
recommendations for non-fishing
activities in all five FMPs.
• The timeline for considering habitat
areas of particular concern from 3 years
to 5 years in all five FMPs.
• The research objectives for EFH in
the four FMPs subject to the 2010 EFH
5-year review (excludes the Arctic
FMP).
The details of these revisions are in
each amendment (see ADDRESSES).
The 5-year review concluded that no
change to the 2005 EFH EIS conclusions
on the evaluation of fishing effects on
EFH was warranted based on
information from 2005 through 2010.
An Environmental Assessment was
prepared for the amendments that
describe the EFH background, the
purpose and need for action, the EFH
alternatives, and the environmental,
social, and economic impacts of the
alternatives (see ADDRESSES). These
amendments improve fisheries
management by updating EFH
provisions in the FMPs with the best
available information.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 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.
[FR Doc. 2012–27075 Filed 11–5–12; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66564-66565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27075]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-XA500
North Pacific Fishery Management Council; Essential Fish Habitat
Amendments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of agency decision.
-----------------------------------------------------------------------
SUMMARY: NMFS announces approval of Amendment 98 to the Fishery
Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian
Islands Management Area (BSAI Groundfish FMP); Amendment 90 to the FMP
for Groundfish of the Gulf of Alaska (GOA Groundfish FMP); Amendment 40
to the FMP for Bering Sea/Aleutian Islands King and Tanner Crabs (BSAI
Crab FMP); Amendment 15 to the FMP for the Scallop Fishery off Alaska
(Scallop FMP); and Amendment 1 to the FMP for Fish Resources of the
Arctic Management Area (Arctic FMP). These amendments update the
existing essential fish habitat (EFH) provisions in the FMPs based on a
5-year EFH review. This action is intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act, the FMPs, and other applicable laws.
DATES: The amendments were approved on October 31, 2012.
ADDRESSES: Electronic copies of the Final EFH 5-year Review for 2010
[[Page 66565]]
Summary Report, the Environmental Assessment prepared for this action
and the amendments may be obtained from the Alaska Region Web site at
https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, 907-586-7228.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council submit any FMP amendment it prepares to NMFS
for review and approval, disapproval, or partial approval by the
Secretary of Commerce. The Magnuson-Stevens Act also requires that
NMFS, upon receiving an FMP amendment, immediately publish a notice in
the Federal Register announcing that the amendment is available for
public review and comment.
On August 8, 2012, NMFS published the notice of availability for
the amendments, with a comment period that ended on October 9, 2012 (77
FR 47356). NMFS did not receive any comments on these proposed
amendments.
NMFS determined that these amendments are consistent with the
Magnuson-Stevens Act and other applicable laws and approved the
amendments on October 31, 2012. The notice of availability contains
additional information on this action. No changes to Federal
regulations are necessary to implement these FMP amendments.
NMFS and regional fishery management councils must describe and
identify EFH in FMPs. The Magnuson-Stevens Act defines EFH as ``those
waters and substrate necessary to fish for spawning, breeding, feeding,
or growth to maturity.'' The FMPs contain various EFH components,
including the requirement to review EFH every 5 years.
In 2009 and 2010, a 5-year EFH review was conducted for the North
Pacific Fishery Management Council (Council), and the results of this
review are documented in the Final EFH 5-year Review for 2010 Summary
Report (see ADDRESSES). Based on the 5-year review and the summary
report, the Council identified various elements of the EFH FMP text
that merited revision. EFH revisions to the FMP for the Salmon
Fisheries in the EEZ off the Coast of Alaska (Salmon FMP), Amendment
11, were proposed with Amendments 10 and 12 to the Salmon FMP (77 FR
19605, April 2, 2012). The Secretary of Commerce approved Amendments
10, 11, and 12 to the Salmon FMP on June 29, 2012.
The five amendments addressed by this notice revise the following
FMP components for EFH:
The EFH provisions of the BSAI and GOA Groundfish FMPs for
24 groundfish species or complexes.
The EFH provisions of the BSAI Crab FMP for five crab
species or complexes.
The EFH provisions of the Scallop FMP for weathervane
scallop.
The EFH conservation recommendations for non-fishing
activities in all five FMPs.
The timeline for considering habitat areas of particular
concern from 3 years to 5 years in all five FMPs.
The research objectives for EFH in the four FMPs subject
to the 2010 EFH 5-year review (excludes the Arctic FMP).
The details of these revisions are in each amendment (see
ADDRESSES).
The 5-year review concluded that no change to the 2005 EFH EIS
conclusions on the evaluation of fishing effects on EFH was warranted
based on information from 2005 through 2010.
An Environmental Assessment was prepared for the amendments that
describe the EFH background, the purpose and need for action, the EFH
alternatives, and the environmental, social, and economic impacts of
the alternatives (see ADDRESSES). These amendments improve fisheries
management by updating EFH provisions in the FMPs with the best
available information.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 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.
[FR Doc. 2012-27075 Filed 11-5-12; 8:45 am]
BILLING CODE 3510-22-P