Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 53369 [2013-21137]
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 121018563–3148–02]
RIN 0648–XC832
Fisheries of the Exclusive Economic
Zone Off Alaska; 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; modification of
a closure.
AGENCY:
NMFS is opening directed
fishing for Pacific cod by catcher vessels
less than 60 feet (18.3 meters) length
overall (LOA) using hook-and-line or
pot gear in the Bering Sea and Aleutian
Islands Management Area (BSAI). This
action is necessary to fully use the 2013
total allowable catch of Pacific cod
allocated to catcher vessels less than 60
feet LOA using hook-and-line or pot
gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 26, 2013, through
2400 hrs, A.l.t., December 31, 2013.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., September 10, 2013.
ADDRESSES: You may submit comments
on this document, identified by 2012–
0210, by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120210, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• 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.
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
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SUMMARY:
VerDate Mar<15>2010
22:38 Aug 28, 2013
Jkt 229001
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:
Steve Whitney, 907–586–7269.
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.
NMFS closed directed fishing for
Pacific cod by catcher vessels less than
60 feet LOA using hook-and-line or pot
gear in the BSAI under
§ 679.20(d)(1)(iii) on February 7, 2013
(78 FR 9328, February 8, 2013).
NMFS has determined that as of
August 23, 2013, approximately 350
metric tons of Pacific cod remain in the
2013 Pacific cod apportionment for
catcher vessels less than 60 feet LOA
using hook-and-line or pot gear in the
BSAI. Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully use the 2013
total allowable catch (TAC) of Pacific
cod in the BSAI, NMFS is terminating
the previous closure and is opening
directed fishing for Pacific cod by
catcher vessels less than 60 feet LOA
using hook-and-line or pot gear in the
BSAI. The Administrator, Alaska
Region, NMFS, (Regional Administrator)
considered the following factors in
reaching this decision: (1) The current
catch of Pacific cod by catcher vessels
less than 60 feet LOA using hook-andline or pot gear in the BSAI and, (2) the
harvest capacity and stated intent on
PO 00000
Frm 00133
Fmt 4700
Sfmt 9990
53369
future harvesting patterns of vessels in
participating in this fishery.
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 opening of directed fishing for
Pacific cod by catcher vessels less than
60 feet LOA using hook-and-line or pot
gear 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 August 23, 2013.
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.
Without this inseason adjustment,
NMFS could not allow the fishery for
Pacific cod by catcher vessels less than
60 feet LOA using hook-and-line or pot
gear in the BSAI to be harvested in an
expedient manner and in accordance
with the regulatory schedule. Under
§ 679.25(c)(2), interested persons are
invited to submit written comments on
this action to the above address until
September 10, 2013.
This action is required by § 679.25
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 26, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–21137 Filed 8–26–13; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\29AUR1.SGM
29AUR1
Agencies
[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Page 53369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21137]
[[Page 53369]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 121018563-3148-02]
RIN 0648-XC832
Fisheries of the Exclusive Economic Zone Off Alaska; 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; modification of a closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels less than 60 feet (18.3 meters) length overall (LOA) using
hook-and-line or pot gear in the Bering Sea and Aleutian Islands
Management Area (BSAI). This action is necessary to fully use the 2013
total allowable catch of Pacific cod allocated to catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 26, 2013,
through 2400 hrs, A.l.t., December 31, 2013. Comments must be received
at the following address no later than 4:30 p.m., A.l.t., September 10,
2013.
ADDRESSES: You may submit comments on this document, identified by
2012-0210, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0210, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
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.
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: Steve Whitney, 907-586-7269.
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.
NMFS closed directed fishing for Pacific cod by catcher vessels
less than 60 feet LOA using hook-and-line or pot gear in the BSAI under
Sec. 679.20(d)(1)(iii) on February 7, 2013 (78 FR 9328, February 8,
2013).
NMFS has determined that as of August 23, 2013, approximately 350
metric tons of Pacific cod remain in the 2013 Pacific cod apportionment
for catcher vessels less than 60 feet LOA using hook-and-line or pot
gear in the BSAI. Therefore, in accordance with Sec. 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2013 total
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating
the previous closure and is opening directed fishing for Pacific cod by
catcher vessels less than 60 feet LOA using hook-and-line or pot gear
in the BSAI. The Administrator, Alaska Region, NMFS, (Regional
Administrator) considered the following factors in reaching this
decision: (1) The current catch of Pacific cod by catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI and, (2)
the harvest capacity and stated intent on future harvesting patterns of
vessels in participating in this fishery.
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 opening of directed fishing for Pacific cod by catcher
vessels less than 60 feet LOA using hook-and-line or pot gear 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 August 23, 2013.
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.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by catcher vessels less than 60 feet LOA using hook-
and-line or pot gear in the BSAI to be harvested in an expedient manner
and in accordance with the regulatory schedule. Under Sec.
679.25(c)(2), interested persons are invited to submit written comments
on this action to the above address until September 10, 2013.
This action is required by Sec. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 26, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-21137 Filed 8-26-13; 4:15 pm]
BILLING CODE 3510-22-P