19564 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

of the FEIS and the Record of Decision 

are available from NMFS (see 

ADDRESSES). 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive the requirements 

to provide prior notice and opportunity 

for public comment on this temporary 

rule. Such procedures are unnecessary 

because the AMs established by 

Amendment 30A and located at 50 CFR 

622.49(a)(1)(i) authorize the AA to file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for the remainder of the fishing 

year when the quota is reached or 

projected to be reached and reduce the 

commercial quota the following fishing 

year if an overage occurs. The final rule 

for Amendment 30A that implemented 

these AMs was already subject to notice 

and comment and all that remains is to 

notify the public of the 2012 

commercial quota, and the closure of 

the commercial sector for Gulf greater 

amberjack. 

Also, providing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest. Given the regulatory obligation 

for NMFS to announce the duration of 

the commercial season in a timely 

manner, it is important this 

announcement be made as soon as 

possible to allow affected participants 

the maximum amount of time to adjust 

their fishing activities to account for the 

closure of the commercial sector. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

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

Dated: March 28, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7851 Filed 3–28–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111207737–2141–02] 

RIN 0648–XB142 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl 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 catcher vessels 

(CVs) using trawl 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 CVs 

using trawl gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 1, 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 

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 Central Regulatory Area of the GOA 

is 8,936 metric tons (mt), as established 

by the final 2012 and 2013 harvest 

specifications for groundfish of the GOA 

(77 FR 15194, March 14, 2012). 

In accordance with § 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 CVs using trawl gear in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 7,936 mt, 

and is setting aside the remaining 1,000 

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 

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 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 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 26, 

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 28, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7841 Filed 3–28–12; 4:15 pm] 

BILLING CODE 3510–22–P 


sroberts on DSK5SPTVN1PROD with RULES