Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Rules and Regulations 14305 

Salmon Bycatch Management in the 

Bering Sea Pollock Fishery; Economic 

Data Collection published on February 

3, 2012. This correction is intended to 

clarify regulatory text. 

DATES: Effective March 9, 2012 and is 

applicable beginning March 5, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Patsy A. Bearden, (907) 586–7008, or 

Jeff Hartman, (907) 586–7442. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 3, 2012, NMFS 

published a final rule in the Federal 

Register (77 FR 5389) to implement the 

Chinook Salmon Economic Data Report 

Program, which will evaluate the 

effectiveness of Chinook salmon bycatch 

management measures for the Bering 

Sea pollock fishery that were 

implemented under Amendment 91 to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area. 

This final rule added a regulatory 

provision at 50 CFR 

679.5(e)(6)(i)(A)(12), which describes 

deliveries from catcher vessels directed 

fishing for pollock in the Bering Sea in 

which the operator of the catcher vessel 

moved fishing location primarily to 

avoid Chinook salmon bycatch. 

However, a final rule implementing 

Amendment 83 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska previously had added a 

§ 679.5(e)(6)(i)(A)(12), which describes 

the receipt of groundfish deliveries in 

the marine municipal boundaries of a 

Community Quota Entity community. 

(76 FR 74640; December 1, 2011). Thus, 

there are two different regulatory 

paragraphs numbered 

§ 679.5(e)(6)(i)(A)(12). 

Need for Correction 

If this error is not corrected, the 

regulatory text at § 679.5(e)(6)(i)(A)(12) 

implementing Amendment 83 will be 

removed and replaced by the regulatory 

text implementing the Chinook Salmon 

Economic Data Report Program. 

Therefore, this correction is necessary to 

fully implement Amendment 83. This 

action corrects the final rule 

implementing the Chinook Salmon 

Economic Data Report Program by 

renumbering § 679.5(e)(6)(i)(A)(12) as 

§ 679.5(e)(6)(i)(A)(13). 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

unnecessary and contrary to the public 

interest. This error must be corrected 

immediately to fully implement 

Amendment 83. Left uncorrected, the 

regulatory text at § 679.5(e)(6)(i)(A)(12) 

implementing Amendment 83 will be 

removed and replaced by the text 

implementing the Chinook Salmon 

Economic Data Report program The 

correction will ensure that regulations 

in this section include all of the 

regulatory text intended by the two 

programs. 

If the effective date for this correction 

is delayed to solicit prior public 

comment, this technical error will not 

be corrected by the effective date of this 

final rule, thereby undermining the 

conservation and management 

objectives of the fishery management 

plans. Moreover, the public has already 

had opportunity to comment on both 

provisions included in the two final 

rules. Thus, further public comment is 

unnecessary. 

The AA further finds, pursuant to 5 

U.S.C.553(d)(3), good cause to waive the 

thirty (30) day delayed effectiveness 

period for the reasons stated above. 

NMFS is correcting this error and is 

not making substantive changes to the 

rule document published on February 3, 

2012 (77 FR 5389). 

Correction 

In FR Doc. 2012–2361, appearing on 

page 5389 in the Federal Register of 

Friday, February 3, 2012, the following 

corrections are made: 

§ 679.5 [Corrected] 

■ 1. On page 5394, in the second 

column, in the second line of 

amendatory instruction 5.b., correct the 

reference ’’ (e)(6)(i)(A)(12)’’ to read 

‘‘(e)(6)(i)(A)(13).’’ 

■ 2. On page 5394, in the third column, 

correct the paragraph reference ’’ 

(e)(6)(i)(A)(12)’’ to read ’’ 

(e)(6)(i)(A)(13).’’ 

Dated: March 6, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2012–5817 Filed 3–8–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–2] 

RIN 0648–XB070 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Jig Gear in the Central 

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 vessels using 

jig gear in the Central 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 jig gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 6, 2012, through 

1200 hrs, A.l.t., June 10, 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 

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 vessels using jig gear in 

the Central Regulatory Area of the GOA 

is 256 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, 

NMFS (Regional Administrator) has 

determined that the A season allowance 


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14306 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Rules and Regulations 

of the 2012 Pacific cod TAC 

apportioned to vessels using jig gear in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 246 mt 

and is setting aside the remaining 10 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 

vessels using jig gear in the Central 

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 Acting 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 closure of directed fishing for 

Pacific cod by vessels using jig gear in 

the Central 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 March 5, 

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: March 6, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–5802 Filed 3–6–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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