Federal Register/Vol. 77, No. 179/Friday, September 14, 2012

56798 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Proposed Rules 2. Email to [email protected]; DEPARTMENT OF COMMERCE • Electronic Submissions: Submit all or electronic public comments via the National Oceanic and Atmospheric 3. Mail or delivery to John Ungvarsky, Federal eRulemaking Portal Web site at Administration Air Planning Office, AIR–2, U.S. http://www.regulations.gov. To submit Environmental Protection Agency, comments via the e-Rulemaking Portal, 50 CFR Part 679 first click the ‘‘submit a comment’’ icon, Region IX, 75 Hawthorne Street, San then enter NOAA–NMFS–2012–0044 in Francisco, California 94105–3901. [Docket No. 101108560–2413–01] the keyword search. Locate the Please see the direct final rule which is RIN 0648–BA43 document you wish to comment on located in the Rules section of this from the resulting list and click on the Fisheries of the Exclusive Economic ‘‘Submit a Comment’’ icon on the right Federal Register for detailed Zone Off Alaska; Revise Maximum instructions on how to submit of that line. Retained Amounts for Groundfish in • comments. Mail: Address written comments to the Bering Sea and Aleutian Islands Glenn Merrill, Assistant Regional FOR FURTHER INFORMATION CONTACT: John AGENCY: National Marine Fisheries Administrator, Sustainable Fisheries Ungvarsky, (415) 972–3963, or by email Service (NMFS), National Oceanic and Division, Alaska Region NMFS, Attn: at [email protected]. Atmospheric Administration (NOAA), Ellen Sebastian. Mail comments to P.O. Commerce. Box 21668, Juneau, AK 99802–1668. SUPPLEMENTARY INFORMATION: For • Fax: Address written comments to further information, please see the ACTION: Proposed rule; request for comments. Glenn Merrill, Assistant Regional direct final action, of the same title, Administrator, Sustainable Fisheries which is located in the Rules section of SUMMARY: NMFS proposes a regulatory Division, Alaska Region NMFS, Attn: this Federal Register. EPA is approving: amendment to increase the maximum Ellen Sebastian. Fax comments to 907– the determinations of attainment by retainable amounts (MRAs) of 586–7557. applicable attainment dates; attainment groundfish using arrowtooth flounder • Hand delivery to the Federal date extensions; and determinations of (Atheresthes stomias) and Kamchatka Building: Address written comments to continued attainment as a direct final flounder (Atheresthes evermanni) as Glenn Merrill, Assistant Regional rule without prior proposal because basis species in the Bering Sea and Administrator, Sustainable Fisheries EPA views these as noncontroversial Aleutian Islands management area Division, Alaska Region NMFS, Attn: actions and anticipates no adverse (BSAI). This action would allow the use Ellen Sebastian. Deliver comments to comments. A detailed rationale for these of BSAI arrowtooth flounder and 709 West 9th Street, Room 420A, actions is set forth in the preamble to Kamchatka flounder as basis species for Juneau, AK. the direct final rule. If EPA receives no the retention of species closed to Comments must be submitted by one adverse comments, EPA will not take directed fishing and is necessary to of the above methods to ensure that the further action on this proposed rule. improve retention of otherwise comments are received, documented, marketable groundfish in these BSAI and considered by NMFS. Comments If EPA receives adverse comments, fisheries. This action also includes four sent by any other method, to any other EPA will withdraw the direct final rule, regulatory amendments related to address or individual, or received after and it will not take effect. EPA will harvest management of Kamchatka the end of the comment period, may not address all public comments in a flounder. be considered. All comments received subsequent final rule based on this Three amendments are necessary to are a part of the public record and will proposed rule. EPA will not institute a manage Kamchatka flounder in the same generally be posted for public viewing second comment period on this action. manner as arrowtooth flounder in the on www.regulations.gov without change. Any parties interested in commenting BSAI and to aid in the recordkeeping, All personal identifying information on this action should do so at this time. reporting, and catch accounting of (e.g., name, address, etc.) submitted Please note that if we receive adverse flatfish in the BSAI. The fourth voluntarily by the sender will be comment on an amendment, paragraph, amendment is necessary to provide publicly accessible. Do not submit or section of this rule and if that NMFS the flexibility to allocate confidential business information, or provision may be severed from the arrowtooth flounder and Kamchatka otherwise sensitive or protected remainder of the rule, EPA may adopt flounder (and other species in the information. NMFS will accept as final those provisions of the rule that future) to the Western Alaska anonymous comments (enter ‘‘N/A’’ in are not the subject of an adverse Community Development Quota (CDQ) the required fields if you wish to remain comment. Program in the annual harvest anonymous). Attachments to electronic specifications. Through this proposed comments will be accepted in Microsoft Dated: August 30, 2012. action, NMFS intends to promote the Word or Excel, WordPerfect, or Adobe Jared Blumenfeld, goals and objectives of the Magnuson- PDF file formats only. Regional Administrator, EPA Region IX. Stevens Fishery Conservation and Electronic copies of the [FR Doc. 2012–22467 Filed 9–13–12; 8:45 am] Management Act, the Fishery Environmental Assessment/Regulatory Impact Review/Initial Regulatory BILLING CODE 6560–50–P Management Plan for Groundfish of the Bering Sea and Aleutian Islands Flexibility Analysis (EA/RIR/IRFA) Management Area, and other applicable prepared for this action may be obtained law. from http://www.regulations.gov or from DATES: Comments must be received by the Alaska Region Web site at http:// October 15, 2012. alaskafisheries.noaa.gov. ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: Jeff on this document, identified by NOAA– Hartman, 907–586–7442, or Tom NMFS–2012–0044, by any of the Pearson, 907–481–1780. following methods: SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 14:16 Sep 13, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Proposed Rules 56799 Background incidental catch of arrowtooth flounder Arrowtooth flounder is now a NMFS manages the groundfish in excess of the 35 percent MRA, from valuable target fishery, and increasing fisheries in the exclusive economic zone Table 3 to 50 CFR part 679, must be MRAs for species closed to directed in the BSAI under the Fishery discarded. fishing when arrowtooth flounder is Management Plan for Groundfish of the To convert processed weight of used as a basis species may result in a Bering Sea and Aleutian Islands groundfish to round weight equivalent, decrease in regulatory discards of the Management Area (FMP). The North NMFS applies product recovery rates incidentally caught groundfish. For Pacific Fishery Management Council (PRRs) from Table 3 to 50 CFR part 679. example, by 1995, limited markets for (Council) prepared the FMP under the Using the example above, during a arrowtooth flounder had developed in the GOA. In 1997, NMFS increased the authority of the Magnuson-Stevens fishing trip, a vessel operator engaged in MRAs for pollock and Pacific cod from Fishery Conservation and Management catching and processing fish at sea zero to 5 percent when arrowtooth Act (Magnuson-Stevens Act), 16 U.S.C. during an open Pacific cod directed flounder was the basis species. NMFS 1801 et seq. Regulations governing U.S. fishery would convert the processed intended that the increase would reduce fisheries and implementing the FMP weights of arrowtooth flounder and regulatory discards and provide for appear at 50 CFR parts 600 and 679. Pacific cod to the respective round more efficient utilization of pollock and Regulations at § 679.20(e) and (f), and weight equivalents. The vessel operator Pacific cod caught in the arrowtooth Table 11 to 50 CFR part 679 establish and NOAA Office for Law Enforcement flounder fishery (62 FR 11109, March MRA percentages for groundfish species can then determine if retained catch of 11, 1997). That action reduced both the and species groups. An MRA is the arrowtooth flounder has exceeded the regulatory discards in the GOA and the maximum round weight of a species or 35 percent MRA limit found in Table 11 number of violation notices issued by species group closed to directed fishing to 50 CFR part 679, by dividing the the NOAA Office for Law Enforcement that may be retained onboard a vessel. retained incidental catch of arrowtooth for exceeding the MRAs of pollock and NMFS established MRAs to allow flounder by the retained Pacific cod caught during an open directed fishery Pacific cod in the arrowtooth flounder vessels engaged in fishing for species or fishery. On March 27, 2009, NMFS species groups open to directed fishing and converting the proportion to a percentage. published a final rule in the Federal (basis species) to retain a specified Register (74 FR 13348) to increase MRAs provide an increased amount of species or species group MRAs for groundfish caught in the GOA opportunity to harvest available total closed to directed fishing. The percent arrowtooth flounder fishery from zero to allowable catch (TAC) through limited of a species or species group closed to 20 percent for deep-water flatfish, rex targeting activity. A vessel operator may directed fishing retained in relation to sole, flathead sole, shallow-water have an incentive to target a species the basis species must not exceed the flatfish, Atka mackerel, and skates; from closed to directed fishing when the MRAs listed in Table 11 to 50 CFR part zero to 5 percent for aggregated rockfish; vessel operator determines that the 679. and from zero to 1 percent for sablefish.

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