Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 72243-72244 [2012-29394]

Download as PDF Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Rules and Regulations tkelley on DSK3SPTVN1PROD with with gear capable of catching that stock for the remainder of the trimester. Any overages of a trimester TAC will be deducted from Trimester 3, and any overages of the common pool’s sub-ACL at the end of the FY will be deducted from the common pool’s sub-ACL the following FY. Any uncaught portion of the Trimester 1 and Trimester 2 TAC will be carried over into the next trimester. Any uncaught portion of the common pool’s sub-ACL may not be carried over into the following FY. The FY 2012 common pool sub-ACL for white hake is 26 mt (57,320 lb). The Trimester 2 TAC is 8.1 mt (17,853 lb). Because only a few vessels are responsible for the white hake catch, it was difficult to project when 90 percent of the Trimester TAC would be reached. Therefore, NMFS has monitored the white hake catch very closely to determine when 90 percent was exceeded. Based on the best available data, which includes vessel trip reports (VTRs), dealer reported landings, and vessel monitoring system (VMS) information, NMFS has projected that 90 percent of the Trimester 2 TAC for white hake was harvested on November 26, 2012. Therefore, effective December 5, 2012, the White Hake Trimester TAC Area is closed for the remainder of Trimester 2, through December 31, 2012, to all common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear. The White Hake Trimester TAC Area will reopen to common pool vessels fishing with trawl, sink gillnet, and longline/hook gear at the beginning of Trimester 3, at 0001 hours, January 1, 2013. Classification This action is required by 50 CFR part 648, and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be impracticable and contrary to the public interest. This action closes the White Hake Trimester TAC Area for common pool vessels fishing with trawl gear, sink gillnet gear, or longline/hook gear through December 31, 2012. The regulations at § 648.82 require this action to ensure that the common pool fishery does not exceed its catch limits for white hake in FY 2012. The catch data indicating that 90 percent of the Trimester 2 TAC for white hake has been caught only recently became available. If implementation of this closure is delayed to solicit prior public comment, the white hake Trimester 2 TAC could be exceeded, thereby VerDate Mar<15>2010 16:02 Dec 04, 2012 Jkt 229001 undermining the conservation objectives of the Fishery Management Plan. Any overage of the Trimester 2 TAC must be deducted from the Trimester 3 TAC, and any overage of the total sub-ACL in FY 2012 must be deducted from the FY 2013 sub-ACL. This would have adverse economic consequences on common pool vessels. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: November 29, 2012. Lindsay Fullenkamp, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–29401 Filed 11–30–12; 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–XC376 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. AGENCY: NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels greater than or equal to 60 feet length overall (LOA) using pot gear to hook-and-line catcher/ processors, pot catcher/processors, and catcher vessels less than 60 feet 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 November 30, 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 SUMMARY: PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 72243 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 catcher vessels greater than or equal to 60 feet length overall (LOA) using pot gear in the BSAI is 19,509 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 Regional Administrator has determined that catcher vessels greater than or equal to 60 feet LOA using pot gear will not be able to harvest 6,300 mt of the 2012 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(5). In accordance with § 679.20(a)(7)(iii) and taking into account the capabilities of the sectors to harvest reallocated amounts of Pacific cod, the Regional Administrator has also determined that this unharvested amount is unlikely to be entirely harvested through the reallocation hierarchy set forth in § 679.20(a)(7)(iii)(A). Therefore, following the reallocation hierarchies set forth in both § 679.20(a)(7)(iii)(A) and § 679.20(a)(7)(iii)(C), NMFS reallocates 500 mt to catcher vessels less than 60 ft. LOA using hook-and-line or pot gear, 800 mt to pot catcher/ processors, and 5,000 mt to hook-andline catcher/processors.1 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 53152, August 31, 2012) are revised as follows: 118,106 mt for hook-and-line catcher/ processors, 4,284 mt for pot catcher/ processors, 8,880 mt for catcher vessels less than 60 ft. LOA using hook-and-line or pot gear, and 13,209 mt for catcher vessels greater than or equal to 60 ft. LOA using 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 1 § 679.20(a)(7)(iii)(A) requires that the projected unharvested amount from catcher vessels greater than or equal to 60 feet length overall (LOA) using pot gear that is unlikely to be harvested through the reallocation hierarchy set forth in § 679.20(a)(7)(iii)(A) be reallocated to the pot catcher/processor sector in accordance with the reallocation hierarchy set forth in 679.20(a)(7)(iii)(C). E:\FR\FM\05DER1.SGM 05DER1 72244 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Rules and Regulations tkelley on DSK3SPTVN1PROD with 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 for the Pacific cod sectors affected by this action. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate VerDate Mar<15>2010 16:02 Dec 04, 2012 Jkt 229001 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 November 29, 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 PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 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: November 30, 2012. Lindsay Fullenkamp, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–29394 Filed 11–30–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\05DER1.SGM 05DER1

Agencies

[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Rules and Regulations]
[Pages 72243-72244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29394]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 111213751-2102-02]
RIN 0648-XC376


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.

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SUMMARY: NMFS is reallocating the projected unused amounts of Pacific 
cod from catcher vessels greater than or equal to 60 feet length 
overall (LOA) using pot gear to hook-and-line catcher/processors, pot 
catcher/processors, and catcher vessels less than 60 feet 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 November 30, 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 
catcher vessels greater than or equal to 60 feet length overall (LOA) 
using pot gear in the BSAI is 19,509 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 Regional Administrator has 
determined that catcher vessels greater than or equal to 60 feet LOA 
using pot gear will not be able to harvest 6,300 mt of the 2012 Pacific 
cod TAC allocated to those vessels under Sec.  679.20(a)(7)(ii)(A)(5). 
In accordance with Sec.  679.20(a)(7)(iii) and taking into account the 
capabilities of the sectors to harvest reallocated amounts of Pacific 
cod, the Regional Administrator has also determined that this 
unharvested amount is unlikely to be entirely harvested through the 
reallocation hierarchy set forth in Sec.  679.20(a)(7)(iii)(A). 
Therefore, following the reallocation hierarchies set forth in both 
Sec.  679.20(a)(7)(iii)(A) and Sec.  679.20(a)(7)(iii)(C), NMFS 
reallocates 500 mt to catcher vessels less than 60 ft. LOA using hook-
and-line or pot gear, 800 mt to pot catcher/processors, and 5,000 mt to 
hook-and-line catcher/processors.\1\
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    \1\ Sec.  679.20(a)(7)(iii)(A) requires that the projected 
unharvested amount from catcher vessels greater than or equal to 60 
feet length overall (LOA) using pot gear that is unlikely to be 
harvested through the reallocation hierarchy set forth in Sec.  
679.20(a)(7)(iii)(A) be reallocated to the pot catcher/processor 
sector in accordance with the reallocation hierarchy set forth in 
679.20(a)(7)(iii)(C).
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    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 53152, August 31, 
2012) are revised as follows: 118,106 mt for hook-and-line catcher/
processors, 4,284 mt for pot catcher/processors, 8,880 mt for catcher 
vessels less than 60 ft. LOA using hook-and-line or pot gear, and 
13,209 mt for catcher vessels greater than or equal to 60 ft. LOA using 
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

[[Page 72244]]

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 for the Pacific cod sectors 
affected by this action. 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 November 29, 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.

    Dated: November 30, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-29394 Filed 11-30-12; 4:15 pm]
BILLING CODE 3510-22-P
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