11412 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the hook-and-line 

component in the southern Florida west 

coast subzone is 520,312 lb (236,010 kg). 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial sector when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 

commercial quota for Gulf group king 

mackerel in the southern Florida west 

coast subzone will be reached by 

February 26, 2012. Accordingly, the 

commercial sector for Gulf group king 

mackerel in the southern subzone is 

closed effective 12:01 a.m., local time, 

February 26, 2012, through June 30, 

2012, the end of the fishing year. 

From November 1 through March 31, 

the southern subzone is that part of the 

Florida west coast subzone off Collier 

and Monroe Counties, Florida. This is 

the area south and west from 25°20.4′ N. 

lat. (a line directly east from the MiamiDade/Monroe County boundary on the 

east coast of Florida) to 26°19.8′ N. lat. 

(a line directly west from the Lee/Collier 

County boundary on the west coast of 

Florida). Beginning April 1, the 

southern subzone is reduced to the area 

off Collier County, Florida, between 

25°48′ N. lat. and 26°19.8′ N. lat. 

During the closure period, no person 

aboard a vessel for which a commercial 

permit for king mackerel has been 

issued may fish for or retain Gulf group 

king mackerel in Federal waters of the 

closed subzone. There is one exception, 

however, for a person aboard a charter 

vessel or headboat. A person aboard a 

vessel that has a valid charter/headboat 

permit and also has a commercial king 

mackerel permit for coastal migratory 

pelagic fish may continue to retain king 

mackerel in or from the closed subzone 

under the 2-fish daily bag limit, 

provided the vessel is operating as a 

charter vessel or headboat. Charter 

vessels or headboats that hold a 

commercial king mackerel permit are 

considered to be operating as a charter 

vessel or headboat when they carry a 

passenger who pays a fee or when more 

than three persons are aboard, including 

operator and crew. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close this 

component of the fishery constitutes 

good cause to waive the requirements to 

provide prior notice and opportunity for 

public comment pursuant to the 

authority set forth in 5 U.S.C. 553(b)(B), 

as such procedures would be 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the fishery since 

the capacity of the fishing fleet allows 

for rapid harvest of the quota. Prior 

notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of the 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: February 22, 2012. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4500 Filed 2–22–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–2] 

RIN 0648–XB035 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl 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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

(CVs) using trawl 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 CVs 

using trawl gear in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 22, 2012, through 

1200 hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 

under authority of the MagnusonStevens 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 CVs using trawl gear in 

the Western Regulatory Area of the GOA 

is 5,736 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 § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 


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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 11413 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2012 Pacific cod TAC 

apportioned to CVs using trawl gear in 

the Western Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 5,436 mt, 

and is setting aside the remaining 300 

mt as bycatch to support other 

anticipated groundfish fisheries. In 

accordance with § 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 CVs using trawl gear in the 

Western Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 CVs using trawl 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 21, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 22, 2012. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4501 Filed 2–22–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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