22682 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 

[FR Doc. 2012–9248 Filed 4–16–12; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100223162–1268–01] 

RIN 0648–XB120 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #1, #2, and 

#3 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons 

and landing and possession limits; 

request for comments. 

SUMMARY: NOAA Fisheries announces 3 

inseason actions in the ocean salmon 

fisheries. These inseason actions 

modified the commercial and 

recreational fisheries in the area from 

Cape Falcon, Oregon to Point Arena, 

California. 

DATES: The effective dates for the 

inseason action are set out in this 

document under the heading Inseason 

Actions. Inseason actions remain in 

effect until modified by additional 

inseason action or superseded by the 

2012 annual management measures on 

May 1, 2012. Comments will be 

accepted through May 2, 2012. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2011–0171, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2011–0171 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 the right 

of that line. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–6349. 

• Fax: 206–526–6736, Attn: Peggy 

Mundy. 

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 http://www.regulations.gov without 

change. All personal identifying 

information (e.g., name, address, etc.) 

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, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: 

Background 

In the 2011 annual management 

measures for ocean salmon fisheries (76 

FR 25246, May 4, 2011), NMFS 

announced the commercial and 

recreational fisheries in the area from 

the U.S./Canada Border to the U.S./ 

Mexico Border, beginning May 1, 2011, 

and 2012 salmon seasons opening 

earlier than May 1, 2012. 

NMFS is authorized to implement 

inseason management actions to modify 

fishing seasons and quotas as necessary 

to provide fishing opportunity while 

meeting management objectives for the 

affected species (50 CFR 660.409). Prior 

to taking inseason action, the Regional 

Administrator (RA) consults with the 

Chairman of the Pacific Fishery 

Management Council (Council) and the 

appropriate State Directors (50 CFR 

660.409(b)(1)). 

Management of the salmon fisheries is 

generally divided into two geographic 

areas: north of Cape Falcon (U.S./ 

Canada Border to Cape Falcon, Oregon) 

and south of Cape Falcon (Cape Falcon, 

Oregon to the U.S./Mexico Border). The 

inseason actions in this document all 

apply south of Cape Falcon. 

Inseason Actions 

Inseason Action #1 

The RA consulted with 

representatives of the Council, 

California Department of Fish and Game 

(CDFG), and Oregon Department of Fish 

and Wildlife (ODFW) on March 5, 2012. 

The information considered during this 

consultation related to projected 

abundance of Chinook salmon stocks for 

the 2012 salmon fishing season. 

Inseason action #1 changed the 

minimum size limit for Chinook salmon 

caught in the recreational salmon 

fishery from Horse Mountain, California 

to Point Arena, California beginning 

April 7, 2012. The minimum size limit 

for this fishery will be 20 inches total 

length, which is reduced from 24 inches 

as previously announced. This action 

was taken to allow access to abundant 

3-year old Sacramento River fall 

Chinook salmon. On March 5, 2012, the 

states recommended this action and the 

RA concurred; inseason action #1 took 

effect on April 7, 2012. This inseason 

action remains in effect until 

superseded by inseason action or 

implementation of 2012 annual 

management measures which will be 

effective on May 1, 2012. This inseason 

action is authorized by 50 CFR 

660.409(b)(1). 

Inseason Actions #2 and #3 

The RA consulted with 

representatives of the Council, ODFW, 

and CDFG on March 6, 2012. The 

information considered during this 

consultation related to projected 

abundance of Chinook salmon stocks for 

the 2012 salmon fishing season. 

Inseason action #2 adjusted the 

scheduled opening date for the 

commercial salmon fishery from Cape 

Falcon, Oregon to Humbug Mountain, 

Oregon. Inseason action #3 adjusted the 

scheduled opening date for the 

commercial salmon fishery from 

Humbug Mountain, Oregon to the 

Oregon/California Border. These 

fisheries will open on April 1, 2012 

rather than March 15, 2012 as 

previously scheduled in the 2011 

annual management measures. This 

action was taken as part of developing 

2012 annual management measures to 

provide fisheries consistent with annual 

catch limits and conservation objectives, 

while meeting consultation standards 

on ESA-listed stocks. Fishery models 

suggested that this delay in opening 

would provide the best opportunity for 

optimal harvest without exceeding the 

guidelines of the FMP. On March 6, 

2012, the states recommended this 

action and the RA concurred; inseason 

action #2 took effect on March 15, 2012. 

Modification of quota and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2011 Ocean Salmon Fisheries and 2012 

fisheries opening prior to May 1, 2012 

(76 FR 25246, May 4, 2011). 

The RA determined that the best 

available information indicated that the 

stock abundance, and catch and effort 

projections supported the above 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 22683 

inseason actions recommended by the 

states. The states manage the fisheries in 

state waters adjacent to the areas of the 

U.S. exclusive economic zone in 

accordance with these Federal actions. 

As provided by the inseason notice 

procedures of 50 CFR 660.411, actual 

notice of the described regulatory 

actions was given, prior to the date the 

action was effective, by telephone 

hotline number 206–526–6667 and 800– 

662–9825, and by U.S. Coast Guard 

Notice to Mariners broadcasts on 

Channel 16 VHF–FM and 2182 kHz. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (76 FR 25246, May 4, 2011), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

had insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data were 

collected to determine the extent of the 

fisheries, and the time the fishery 

modifications had to be implemented in 

order to ensure that fisheries are 

managed based on the best available 

scientific information, thus allowing 

fishers access to the available fish at the 

time the fish were available while 

ensuring that quotas are not exceeded. 

The AA also finds good cause to waive 

the 30-day delay in effectiveness 

required under 5 U.S.C. 553(d)(3), as a 

delay in effectiveness of these actions 

would allow fishing at levels 

inconsistent with the goals of the 

Salmon Fishery Management Plan and 

the current management measures. 

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

exempt from review under Executive 

Order 12866. 

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

Dated: April 12, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–9249 Filed 4–16–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111207737–2232–03] 

RIN 0648–XA711 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; Final 

2012 and 2013 Harvest Specifications 

for Groundfish; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; closures; correction. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) is correcting a 

final rule that published on March 14, 

2012, implementing the final 2012 and 

2013 harvest specifications and 

prohibited species catch allowances for 

the groundfish fishery of the Gulf of 

Alaska (GOA). This rule corrects errors 

contained in a table in the document 

that provides the 2012 GOA nonAmerican Fisheries Act crab vessel 

groundfish harvest sideboard limits. 

DATES: Effective April 17, 2012 through 

2400 hrs, A.l.t., December 31, 2013, and 

is applicable beginning March 14, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

NMFS published the Final 2012 and 

2013 GOA Harvest Specifications in the 

Federal Register on March 14, 2012 (77 

FR 15194). A table providing 

information on 2012 GOA nonAmerican Fisheries Act (AFA) crab 

vessel groundfish harvest sideboard 

limits (Table 22) contained two minor 

errors. In Table 22 on page 15216, a 

Federal Register error omitted the final 

2012 non-AFA crab vessel A season 

sideboard limit for catcher/processors 

using hook-and-line gear in the Western 

GOA. The correct limit is 23 metric 

tons. In addition, NMFS inadvertently 

listed ‘‘0.0001’’ as the ratio used to 

calculate the non-AFA crab vessel 

sideboard limit for catcher/processors 

using hook-and-line gear in the Western 

GOA during the B season instead of the 

correct ratio of ‘‘0.0018.’’ These 

corrections are necessary to provide the 

correct sideboard limits. 

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 

notice corrects typographical errors to 

the table providing the 2012 GOA nonAFA crab vessel groundfish harvest 

sideboard limits, and does not change 

operating practices in the fisheries. The 

corrections described in this rule are 

being implemented as soon as possible 

to avoid confusion for participants in 

the fisheries. 

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). The corrections described in 

this rule are being made effective upon 

publication to avoid confusion for 

participants in the fisheries. 

Correction 

In the final rule published on March 

14, 2012 (77 FR 15194), the following 

corrections are made to Table 22: 

1. On page 15216, in Table 22, row 17 

(the row beginning ‘‘W Hook-and-line 

C/P’’), column six, the blank entry ‘‘’’ is 

corrected to read ‘‘23.’’ 

2. On the same page, in row 29 (the 

row beginning ‘‘W Hook-and-line C/P), 

column four, the entry ‘‘0.0001’’ is 

corrected to read ‘‘0.0018.’’ 

Table 22 is corrected and reprinted in 

its entirety below. 


wreier-aviles on DSK5TPTVN1PROD with RULES