Fisheries of the Exclusive Economic Zone Off Alaska; Other Flatfish, Other Rockfish, Pacific Ocean Perch, Sculpin, and Squid in the Bering Sea and Aleutian Islands Management Area, 72995-72996 [2012-29622]
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
tests. Data used to make determinations
TABLE 2—COORDINATES FOR THE
SOUTHERN TEMPORARY PSP CLO- regarding closing and opening of areas
to certain types of fishing activity are
SURE AREA
Point
1
2
3
4
5
Latitude
............................
............................
............................
............................
............................
41°39′
41°39′
40°00′
40°00′
41°39′
N
N
N
N
N
Longitude
71°00′
69°00′
69°00′
71°00′
71°00′
W
W
W
W
W
srobinson on DSK4SPTVN1PROD with
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), 16 U.S.C.
1855(c). Pursuant to section 5 U.S.C.
553(b)(B) of the Administrative
Procedure Act, the Assistant
Administrator for Fisheries finds there
is good cause to waive prior notice and
an opportunity for public comment on
this action as notice and comment
would be impracticable and contrary to
the public interest due to a public
health emergency, and public comment
has been solicited concurrently with
each of the extensions of this action, as
detailed and responded to below. In
addition, under section 553(d)(3) there
is good cause to waive the 30-day delay
in effectiveness due to a public health
emergency. The original emergency
closure was in response to a public
health emergency. Toxic algal blooms
are responsible for the marine toxin that
causes PSP in persons consuming
affected shellfish. People have become
seriously ill and some have died from
consuming affected shellfish under
similar circumstances. Pursuant to
section 305(c)(3)(C) of the MagnusonStevens Act, the closure to the harvest
of shellfish, as modified on September
9, 2005, and re-instated on October 18,
2005, may remain in effect until the
circumstances that created the
emergency no longer exist, provided the
public has had an opportunity to
comment after the regulation was
published, and, in the case of a public
health emergency, the Secretary of
Health and Human Services concurs
with the Commerce Secretary’s action.
During the initial comment period, June
16, 2005, through August 1, 2005, no
comments were received. Two
comments have been received after the
re-opening of the southern component
of the Temporary PSP Closure Area on
September 9, 2005. One commenter
described the overall poor quality of
water in Boston Harbor, but provided no
evidence to back these claims. The other
commenter expressed reluctance to reopening a portion of the closure area
without seeing the results of the FDA
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16:11 Dec 06, 2012
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collected from Federal, state, and
private laboratories. NOAA maintains a
Red Tide Information Center (https://
oceanservice.noaa.gov/redtide/), which
can be accessed directly or through the
Web site listed in the ADDRESSES
section. Information on test results,
modeling of algal bloom movement, and
general background on red tide can be
accessed through this information
center. While NMFS is the agency with
the authority to promulgate the
emergency regulations, it modified the
regulations on September 9, 2005, at the
request of the FDA, after the FDA
determined that the results of its tests
warranted such action. If necessary, the
regulations may be terminated at an
earlier date, pursuant to section
305(c)(3)(D) of the Magnuson-Stevens
Act, by publication in the Federal
Register of a notice of termination, or
extended further to ensure the safety of
human health.
This emergency action is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
This rule is not significant for the
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: November 30, 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.
72995
muscles and shucked at sea, unless
issued and possessing on board a Letter
of Authorization (LOA) from the
Regional Administrator authorizing the
collection of shellfish for biological
sampling and operating under the terms
and conditions of said LOA, in the area
of the U.S. Exclusive Economic Zone
bound by the following coordinates in
the order stated:
(A) 43°00′ N. lat., 71°00′ W. long.;
(B) 43°00′ N. lat., 69°00′ W. long.;
(C) 41°39′ N. lat., 69°00′ W. long.;
(D) 41°39′ N. lat., 71°00′ W. long.; and
then ending at the first point.
(iv) Fish for, harvest, catch, possess,
or attempt to fish for, harvest, catch, or
possess any sea scallops, except for sea
scallops harvested only for adductor
muscles and shucked at sea, unless
issued and possessing on board a Letter
of Authorization (LOA) from the
Regional Administrator authorizing
collection of shellfish for biological
sampling and operating under the terms
and conditions of said LOA, in the area
of the U.S. Exclusive Economic Zone
bound by the following coordinates in
the order stated:
(A) 41°39′ N. lat., 71°00′ W. long.;
(B) 41°39′ N. lat., 69°00′ W. long.;
(C) 40°00′ N. lat., 69°00′ W. long.;
(D) 40°00′ N. lat., 71°00′ W. long.; and
then ending at the first point.
*
*
*
*
*
[FR Doc. 2012–29517 Filed 12–6–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
For the reasons set out in the
preamble, 50 CFR part 648 is amended
to read as follows:
[Docket No. 111213751–2102–02]
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
Fisheries of the Exclusive Economic
Zone Off Alaska; Other Flatfish, Other
Rockfish, Pacific Ocean Perch,
Sculpin, and Squid in the Bering Sea
and Aleutian Islands Management Area
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14, paragraphs (a)(10)(iii)
and (a)(10)(iv) are added to read as
follows:
■
§ 648.14
Prohibitions.
(a) * * *
(10) * * *
(iii) Fish for, harvest, catch, possess or
attempt to fish for, harvest, catch, or
possess any bivalve shellfish, including
Atlantic surfclams, ocean quahogs, and
mussels, with the exception of sea
scallops harvested only for adductor
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RIN 0648–XC377
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; apportionment
of reserves; request for comments.
AGENCY:
NMFS apportions amounts of
the non-specified reserve to the initial
total allowable catch of Bering Sea
Pacific ocean perch, Aleutian Islands
other rockfish, Bering Sea and Aleutian
Islands (BSAI) other flatfish, BSAI
sculpin, and BSAI squid in the BSAI
SUMMARY:
E:\FR\FM\07DER1.SGM
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srobinson on DSK4SPTVN1PROD with
72996
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
management area. This action is
necessary to allow the fisheries to
continue operating. It is intended to
promote the goals and objectives of the
fishery management plan for the BSAI
management area.
DATES: Effective December 4, 2012
through 2400 hrs, Alaska local time,
December 31, 2012. Comments must be
received at the following address no
later than 4:30 p.m., Alaska local time,
December 19, 2012.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2012–0243, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0243 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on that line.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
• Fax: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Fax comments to 907–
586–7557.
• Hand delivery to the Federal
Building: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Deliver comments to
709 West 9th Street, Room 420A,
Juneau, AK.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
VerDate Mar<15>2010
16:11 Dec 06, 2012
Jkt 229001
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
(BSAI) exclusive economic zone
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 initial total allowable catch
(ITAC) of Bering Sea (BS) Pacific ocean
perch in the BSAI was established as
4,854 metric tons (mt), the 2012 ITAC of
Aleutian Islands (AI) other rockfish was
established as 485 mt, the 2012 ITAC of
BSAI other flatfish was established as
3,200 mt, the 2012 ITAC of BSAI
sculpin was established as 5,200 mt,
and the 2012 ITAC of BSAI squid was
established as 425 mt by the final 2012
and 2013 harvest specifications for
groundfish of the BSAI (77 FR 10669,
February 23, 2012). This includes
apportionments of the non-specified
reserve to BSAI other flatfish and BSAI
squid in two separate actions (77 FR
46641, August 6, 2012 and 77 FR 44172,
July 27, 2012, respectively). In
accordance with § 679.20(a)(3) the
Regional Administrator, Alaska Region,
NMFS, has reviewed the most current
available data and finds that the ITACs
for BS Pacific ocean perch, AI other
rockfish, BSAI other flatfish, BSAI
sculpin, and BSAI squid in the BSAI
need to be supplemented from the nonspecified reserve in order to promote
efficiency in the utilization of fishery
resources in the BSAI and allow fishing
operations to continue.
Therefore, in accordance with
§ 679.20(b)(3), NMFS apportions from
the non-specified reserve of groundfish
856 mt to the BS Pacific ocean perch
ITAC, 85 mt to the AI other rockfish
ITAC, 400 mt to the BSAI other flatfish
ITAC, 550 mt to the BSAI sculpin ITAC,
and 275 mt to the BSAI squid ITAC in
the BSAI. These apportionments are
consistent with § 679.20(b)(1)(i) and do
not result in overfishing of any target
species because the revised ITACs are
equal to or less than the specifications
of the acceptable biological catch in the
final 2012 and 2013 harvest
specifications for groundfish in the
BSAI (77 FR 10669, February 23, 2012).
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The harvest specification for the 2012
ITACs included in the harvest
specifications for groundfish in the
BSAI are revised as follows: 5,710 mt for
BS Pacific ocean perch, 570 mt for AI
other rockfish, 3,600 mt for BSAI other
flatfish, 5,750 mt for BSAI sculpin, and
700 mt for BSAI squid.
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) and
§ 679.20(b)(3)(iii)(A) as such a
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
apportionment of the non-specified
reserves of groundfish to the BS Pacific
ocean perch, AI other rockfish, BSAI
other flatfish, BSAI sculpin, and BSAI
squid fisheries in the BSAI. 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
and 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 30, 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.
Under § 679.20(b)(3)(iii), interested
persons are invited to submit written
comments on this action (see
ADDRESSES) until December 19, 2012.
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: December 3, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–29622 Filed 12–4–12; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72995-72996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29622]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XC377
Fisheries of the Exclusive Economic Zone Off Alaska; Other
Flatfish, Other Rockfish, Pacific Ocean Perch, Sculpin, and Squid 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; apportionment of reserves; request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS apportions amounts of the non-specified reserve to the
initial total allowable catch of Bering Sea Pacific ocean perch,
Aleutian Islands other rockfish, Bering Sea and Aleutian Islands (BSAI)
other flatfish, BSAI sculpin, and BSAI squid in the BSAI
[[Page 72996]]
management area. This action is necessary to allow the fisheries to
continue operating. It is intended to promote the goals and objectives
of the fishery management plan for the BSAI management area.
DATES: Effective December 4, 2012 through 2400 hrs, Alaska local time,
December 31, 2012. Comments must be received at the following address
no later than 4:30 p.m., Alaska local time, December 19, 2012.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0243, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0243 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
(BSAI) exclusive economic zone 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 initial total allowable catch (ITAC) of Bering Sea (BS)
Pacific ocean perch in the BSAI was established as 4,854 metric tons
(mt), the 2012 ITAC of Aleutian Islands (AI) other rockfish was
established as 485 mt, the 2012 ITAC of BSAI other flatfish was
established as 3,200 mt, the 2012 ITAC of BSAI sculpin was established
as 5,200 mt, and the 2012 ITAC of BSAI squid was established as 425 mt
by the final 2012 and 2013 harvest specifications for groundfish of the
BSAI (77 FR 10669, February 23, 2012). This includes apportionments of
the non-specified reserve to BSAI other flatfish and BSAI squid in two
separate actions (77 FR 46641, August 6, 2012 and 77 FR 44172, July 27,
2012, respectively). In accordance with Sec. 679.20(a)(3) the Regional
Administrator, Alaska Region, NMFS, has reviewed the most current
available data and finds that the ITACs for BS Pacific ocean perch, AI
other rockfish, BSAI other flatfish, BSAI sculpin, and BSAI squid in
the BSAI need to be supplemented from the non-specified reserve in
order to promote efficiency in the utilization of fishery resources in
the BSAI and allow fishing operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
from the non-specified reserve of groundfish 856 mt to the BS Pacific
ocean perch ITAC, 85 mt to the AI other rockfish ITAC, 400 mt to the
BSAI other flatfish ITAC, 550 mt to the BSAI sculpin ITAC, and 275 mt
to the BSAI squid ITAC in the BSAI. These apportionments are consistent
with Sec. 679.20(b)(1)(i) and do not result in overfishing of any
target species because the revised ITACs are equal to or less than the
specifications of the acceptable biological catch in the final 2012 and
2013 harvest specifications for groundfish in the BSAI (77 FR 10669,
February 23, 2012).
The harvest specification for the 2012 ITACs included in the
harvest specifications for groundfish in the BSAI are revised as
follows: 5,710 mt for BS Pacific ocean perch, 570 mt for AI other
rockfish, 3,600 mt for BSAI other flatfish, 5,750 mt for BSAI sculpin,
and 700 mt for BSAI squid.
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) and Sec. 679.20(b)(3)(iii)(A) as such a
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 apportionment of the non-specified
reserves of groundfish to the BS Pacific ocean perch, AI other
rockfish, BSAI other flatfish, BSAI sculpin, and BSAI squid fisheries
in the BSAI. 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 and 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 30, 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.
Under Sec. 679.20(b)(3)(iii), interested persons are invited to
submit written comments on this action (see ADDRESSES) until December
19, 2012.
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: December 3, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-29622 Filed 12-4-12; 4:15 pm]
BILLING CODE 3510-22-P
