[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Pages 6683-6684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3023]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126522-0640-2]
RIN 0648-XA988


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of 
Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
vessels using pot gear in the Western Regulatory Area of the Gulf of 
Alaska (GOA). This action is necessary to prevent exceeding the A 
season allowance of the 2012 Pacific cod total allowable catch 
apportioned to vessels using pot gear in the Western Regulatory Area of 
the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 6, 
2012, through 1200 hrs, A.l.t., September 1, 2012.

FOR FURTHER INFORMATION CONTACT: Obren Davis, (907) 586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of

[[Page 6684]]

Alaska (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. Regulations governing sideboard protections for GOA 
groundfish fisheries appear at subpart B of 50 CFR part 680.
    The A season allowance of the 2012 Pacific cod total allowable 
catch (TAC) apportioned to vessels using pot gear in the Western 
Regulatory Area of the GOA is 4,100 metric tons (mt), as established by 
the final 2011 and 2012 harvest specifications for groundfish of the 
GOA (76 FR 11111, March 1, 2011), revision to the final 2012 harvest 
specifications for Pacific cod (76 FR 81860, December 29, 2011), and 
inseason adjustment to the final 2012 harvest specifications for 
Pacific cod (77 FR 438, January 5, 2012).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the A season 
allowance of the 2012 Pacific cod TAC apportioned to vessels using pot 
gear in the Western Regulatory Area of the GOA will soon be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 4,090 mt and is setting aside the remaining 10 mt 
as bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
vessels using pot gear in the Western Regulatory Area of the GOA. After 
the effective date of this closure the maximum retainable amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip.

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 directed fishing closure of Pacific cod for vessels 
using pot gear in the Western Regulatory Area of the GOA. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of February 3, 
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: February 6, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-3023 Filed 2-6-12; 4:15 pm]
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