438 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

For the reasons given in the preamble, 

we are amending part 17, subchapter B 

of chapter I, title 50 of the Code of 

Federal Regulations, as follows: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 

625, 100 Stat. 3500; unless otherwise noted. 

§ 17.21 [Amended] 

■ 2. Amend § 17.21 by removing 

paragraph (h). 

Dated: December 27, 2011. 

Eileen Sobeck, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–23 Filed 1–3–12; 11:15 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

RIN 0648–XA917 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2012 Gulf of Alaska Pollock and 

Pacific Cod Total Allowable Catch 

Amounts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the 2012 

total allowable catch (TAC) amounts for 

the Gulf of Alaska (GOA) pollock and 

Pacific cod fisheries. This action is 

necessary because NMFS has 

determined these TACs are incorrectly 

specified, and will ensure the GOA 

pollock and Pacific cod TACs are the 

appropriate amounts based on the best 

available scientific information for 

pollock and Pacific cod in the GOA. 

This action is consistent with the goals 

and objectives of the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 5, 2012, until the 

effective date of the final 2012 and 2013 

harvest specifications for GOA 

groundfish, unless otherwise modified 

or superseded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 20, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2011–0307, 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–2011–0307 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 

GOA 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 

(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 final 2011 and 2012 harvest 

specifications for groundfish in the GOA 

(76 FR 11111, March 1, 2011) and 

Pacific cod revision (76 FR 81860, 

December 29, 2011) set the 2012 pollock 

TAC at 121,649 metric tons (mt) and the 

2012 Pacific cod TAC at 58,650 mt in 

the GOA. In December 2011, the 

Council recommended a 2012 pollock 

TAC of 116,444 mt for the GOA, which 

is less than the 121,649 mt established 

by the final 2011 and 2012 GOA harvest 

specifications. The Council also 

recommended a 2012 Pacific cod TAC 

of 65,700 mt for the GOA, which is more 

than the 58,650 mt established by the 

final 2011 and 2012 harvest 

specifications for groundfish in the 

GOA. The Council’s recommended 2012 

TACs, and the area and seasonal 

apportionments, are based on the Stock 

Assessment and Fishery Evaluation 

report (SAFE), dated November 2011, 

which NMFS has determined is the best 

available scientific information for these 

fisheries. 

Steller sea lions occur in the same 

location as the pollock and Pacific cod 

fisheries and are listed as endangered 

under the Endangered Species Act 

(ESA). Pollock and Pacific cod are a 

principal prey species for Steller sea 

lions in the GOA. The seasonal 

apportionment of pollock and Pacific 

cod harvest is necessary to ensure the 

groundfish fisheries are not likely to 

cause jeopardy of extinction or adverse 

modification of critical habitat for 

Steller sea lions. The regulations at 

§ 679.20(a)(5)(iv) specify how the 

pollock TAC will be apportioned. The 

regulations at § 679.20(a)(6)(ii) and 

§ 679.20(a)(12)(i) specify how the Pacific 

cod TAC shall be apportioned. 

In accordance with § 679.25(a)(1)(iii) 

and (a)(2)(i)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that, 

based on the November 2011 SAFE 

report for this fishery, the current GOA 

pollock and Pacific cod TACs are 

incorrectly specified. Consequently, 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 439 

pursuant to § 679.25(a)(1)(iii), the 

Regional Administrator is adjusting the 

2012 GOA pollock TAC to 116,444 mt 

and the 2012 GOA Pacific cod TAC to 

65,700 mt. 

Pursuant to § 679.20(a)(5)(iv), Table 6 

of the final 2011 and 2012 harvest 

specifications for groundfish in the GOA 

(76 FR 11111, March 1, 2011) is revised 

for the 2012 pollock TACs in the 

Western, Central, and Eastern GOA 

consistent with this adjustment. 

TABLE 6—FINAL 2012 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS OF THE GOA; 

SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC 

[Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01] 

Season 1 Shumagin Chirikof Kodiak Total 2

(Area 610) (Area 620) (Area 630) 

A (Jan 20–Mar 10) ................................... 5,797 (22.64%) 14,023 (54.76%) 5,787 (22.60%) 25,607 

B (Mar 10–May 31) .................................. 5,797 (22.64%) 17,221 (67.25%) 2,589 (10.11%) 25,607 

C (Aug 25–Oct 1) ..................................... 9,338 (36.47%) 7,282 (28.44%) 8,986 (35.10%) 25,606 

D (Oct 1–Nov 1) ....................................... 9,338 (36.47%) 7,282 (28.44%) 8,986 (35.10%) 25,606 

Annual Total ...................................... 30,270 45,808 26,348 102,426 

1As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 

to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 2The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. 

Note: Seasonal allowances may not total precisely to annual TAC total due to rounding down, rather than up. 

Pursuant to § 679.20(a)(6)(ii) and 

§ 679.20(a)(12)(i), Table 8 of the final 

2011 and 2012 harvest specifications for 

groundfish in the GOA (76 FR 11111, 

March 1, 2011) and Pacific cod revision 

(76 FR 81860, December 29, 2011) is 

revised for the 2012 Pacific cod TACs in 

the Western, Central, and Eastern GOA 

consistent with this adjustment. 

TABLE 8—FINAL 2012 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TOTAL ALLOWABLE CATCH

AMOUNTS IN THE GOA; ALLOCATIONS FOR THE WESTERN GOA AND CENTRAL GOA SECTORS AND THE EASTERN

GOA INSHORE AND OFFSHORE PROCESSING COMPONENTS

[Values are rounded to the nearest metric ton and percentages to the nearest 0.01. Seasonal allowances may not total precisely to annual 

allocation amount] 

Regulatory area and 

sector 

Annual 

allocation 

(mt) 

A Season B Season 

Sector % of annual 

non-jig TAC 

Seasonal allowances 

(mt) 

Sector % of annual 

non-jig TAC 

Seasonal allowances 

(mt) 

Western GOA: 

Jig (1.5% of TAC) ..... 315 N/A 189 N/A 126 

Hook-and-line CV ..... 290 0.70 145 0.70 145 

Hook-and-line C/P .... 4,100 10.90 2,257 8.90 1,843 

Trawl CV ................... 7,952 27.70 5,736 10.70 2,216 

Trawl C/P .................. 497 0.90 186 1.50 311 

All Pot CV and Pot 

C/P ........................ 7,869 19.80 4,100 18.20 3,769 

Total ................... 21,024 60.00 12,614 40.00 8,410 

Central GOA: 

Jig (1.0% of TAC) ..... 427 N/A 256 N/A 171 

Hook-and-line < 50 

CV ......................... 6,174 9.32 3,938 5.29 2,235 

Hook-and-line ≥ 50 

CV ......................... 2,835 5.61 2,372 1.10 464 

Hook-and-line C/P .... 2,158 4.11 1,736 1.00 422 

Trawl CV ................... 17,581 21.14 8,936 20.45 8,645 

Trawl C/P .................. 1,775 2.00 847 2.19 928 

All Pot CV and Pot 

C/P ........................ 11,755 17.83 7,538 9.97 4,217 

Total ................... 42,705 60.00 25,623 40.00 17,082 

Eastern GOA .................... 1,971 Inshore (90% of Annual TAC) 1,774 Offshore (10% of Annual TAC) 197 

Note: Seasonal apportionments may not total precisely due to rounding. 


emcdonald on DSK5VPTVN1PROD with RULES
440 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 

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 

allow for harvests that exceed the 

appropriate allocations for Pacific cod 

based on the best scientific information 

available. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of December 29, 2011, and additional 

time for prior public comment would 

result in conservation concerns for the 

ESA-listed Steller sea lions. 

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 § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until January 20, 2012. 

This action is required by § 679.22 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 30, 2011. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2011–33849 Filed 1–4–12; 8:45 am] 

BILLING CODE 3510–22–P 


emcdonald on DSK5VPTVN1PROD with RULES