19144 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

(B) ACLs. The northern silver hake 

and southern whiting ACLs are equal to 

95 percent of the ABCs. 

(C) TALs. The northern silver hake 

and southern whiting TALs are equal to 

the northern silver hake and southern 

whiting ACLs minus a discard estimate 

based on the most recent 3 years of data. 

The northern silver hake and southern 

whiting TALs are then reduced by 3 

percent to account for silver hake and 

offshore hake landings that occur in 

state waters. 

(3) Annual Review. (i) The SmallMesh Multispecies PDT will meet at 

least once annually to review the status 

of the stock and the fishery and the 

adequacy of the 3-year specifications. 

Based on such review, the PDT will 

provide a report to the Council on any 

changes or new information about the 

small-mesh multispecies stocks and/or 

fishery, and it will recommend whether 

the specifications for the upcoming 

year(s), established pursuant to 

paragraph (b)(1) of this section, need to 

be modified. At a minimum, this review 

should include a review of at least the 

following data, if available: Commercial 

catch data; current estimates of fishing 

mortality and catch-per-unit-effort 

(CPUE); discards; stock status; recent 

estimates of recruitment; virtual 

population analysis results and other 

estimates of stock size; sea sampling, 

port sampling, and survey data or, if sea 

sampling data are unavailable, length 

frequency information from port 

sampling and/or surveys; impact of 

other fisheries on the mortality of smallmesh multispecies; and any other 

relevant information. 

(ii) If new and/or additional 

information becomes available, the 

Small-Mesh Multispecies PDT will 

consider it during this annual review. 

Based on this review, the Small-Mesh 

Multispecies PDT will provide guidance 

to the Whiting Oversight Committee and 

the Council regarding the need to adjust 

measures for the small-mesh 

multispecies fishery to better achieve 

the FMP’s objectives. After considering 

this guidance, the Council may submit 

to NMFS its recommendations for 

changes to management measures, as 

appropriate, through the specifications 

process described in this section, the 

process specified in paragraph (c) of this 

section, or through an amendment to the 

FMP. 

(4) SAFE Report. (i) The Small-Mesh 

Multispecies PDT will prepare a SAFE 

Report at least every 3 years. Based on 

the SAFE Report, the Small-Mesh 

Multispecies PDT will develop and 

present to the Council recommended 

specifications as defined in paragraph 

(a) of this section for up to 3 fishing 

years. The SAFE Report will be the 

primary vehicle for the presentation of 

all updated biological and socioeconomic information regarding the 

small-mesh multispecies fishery. The 

SAFE Report will provide source data 

for any adjustments to the management 

measures that may be needed to 

continue to meet the goals and 

objectives of the FMP. 

(ii) In any year in which a SAFE 

Report is not completed by the SmallMesh Multispecies PDT, the annual 

review process described in paragraph 

(a) of this section will be used to 

recommend any necessary adjustments 

to specifications and/or management 

measures in the FMP. 

(5) Accountability measures for the 

small-mesh multispecies fishery—(i) Inseason adjustment of possession limits. 

If the Regional Administrator projects 

that 90 percent of a stock area TAL, as 

defined in § 648.90(b)(3), has been 

landed, the Regional Administrator 

shall reduce the possession limit of that 

stock to the incidental level, as specified 

in § 648.86(d)(4), for the remainder of 

the fishing year through notice 

consistent with the Administrative 

Procedure Act, unless such a reduction 

in the possession limit would be 

expected to prevent the TAL from being 

reached. 

(ii) Post-season adjustment for an 

overage. If NMFS determines that a 

small-mesh multispecies ACL was 

exceeded in a given fishing year, the 

exact amount of the landings overage 

will be deducted, as soon as is 

practicable, from a subsequent single 

fishing year’s ACL for that stock, 

through notification consistent with the 

Administrative Procedure Act. 

(c) * * * 

(1) * * * 

(ii) Adjustment process for whiting 

DAS. The Council may develop 

recommendations for a whiting DAS 

effort reduction program through the 

framework process outlined in 

paragraph (c) of this section only if 

these options are accompanied by a full 

set of public hearings that span the area 

affected by the proposed measures in 

order to provide adequate opportunity 

for public comment. 

* * * * * 

[FR Doc. 2012–7710 Filed 3–29–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111213751–2102–02] 

RIN 0648–XB138 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod for 

American Fisheries Act Catcher/ 

Processors Using Trawl Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

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 American 

Fisheries Act (AFA) trawl catcher/ 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the B season 

allowance of the 2012 Pacific cod total 

allowable catch specified for AFA trawl 

catcher/processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

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

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(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. 

The B season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

specified for AFA trawl catcher/ 

processors in the BSAI is 1,340 metric 

tons (mt) as established by the final 

2012 and 2013 harvest specifications for 

groundfish in the BSAI (77 FR 10669, 

February 23, 2012). 

In accordance with § 679.20(d)(1)(i) 

and (d)(1)(ii)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that the 

B season allowance of the 2012 Pacific 

cod TAC allocated to AFA trawl 

catcher/processors in the BSAI will be 

taken as incidental catch in the directed 

fishing for other species. Therefore, the 


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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 19145 

Regional Administrator is establishing a 

directed fishing allowance of 0 mt for 

Pacific cod allocated to AFA trawl 

catcher/processors in the BSAI, and is 

setting aside the remaining 1,340 mt as 

incidental catch 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 AFA trawl catcher/processors in 

the BSAI. 

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 AFA trawl catcher/ 

processors in the BSAI. 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 27, 2012. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7711 Filed 3–27–12; 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–XB113 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in the West 

Yakutat District in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in the West Yakutat 

District of the Gulf of Alaska (GOA). 

This action is necessary to fully use the 

2012 total allowable catch of pollock in 

the West Yakutat District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 26, 2012, through 

1200 hrs, A.l.t., August 25, 2012, and 

applicable beginning March 21, 2012. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 10, 2012. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2012–0069, 

by any one 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–2012–0069 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: 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. 

NMFS closed directed fishing for 

pollock in the West Yakutat District of 

the GOA under § 679.20(d)(1)(iii) on 

March 17, 2012 (77 FR 16481, March 21, 

2012). 

As of March 20, 2012, NMFS has 

determined that approximately 950 

metric tons of pollock remain in the 

directed fishing allowance for pollock in 

the West Yakutat District of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2012 TAC of pollock in the West 

Yakutat District of the GOA, NMFS is 

terminating the previous closure and is 

reopening directed fishing pollock in 

the West Yakutat District of the GOA. 

The Administrator, Alaska Region 

(Regional Administrator) considered the 

following factors in reaching this 

decision: (1) The current catch of 

pollock in the West Yakutat District of 

the GOA and, (2) the harvest capacity 

and stated intent on future harvesting 

patterns of vessels in participating in 

this fishery. 

Classification 

This action responds to the best 

available information recently obtained 


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