41332 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations

DEPARTMENT OF COMMERCE Administrator for Fisheries, NOAA water flatfish, and shallow-water flatfish (AA), finds good cause to waive the in the Western Regulatory Area of the National Oceanic and Atmospheric requirement to provide prior notice and GOA. Administration opportunity for public comment DATES: Effective 1200 hrs, Alaska local pursuant to the authority set forth at 5 time (A.l.t.), July 10, 2012, through 2400 50 CFR Part 679 U.S.C. 553(b)(B) as such requirement is hrs, A.l.t., December 31, 2012. [Docket No. 111207737–2141–02] impracticable and contrary to the public interest. This requirement is FOR FURTHER INFORMATION CONTACT: RIN 0648–XC109 impracticable and contrary to the public Obren Davis, 907–586–7228. interest as it would prevent NMFS from SUPPLEMENTARY INFORMATION: NMFS Fisheries of the Exclusive Economic responding to the most recent fisheries manages the groundfish fishery in the Zone Off Alaska; Pacific Ocean Perch data in a timely fashion and would GOA exclusive economic zone in the Western Regulatory Area of the delay prohibiting the retention of Pacific according to the Fishery Management Gulf of Alaska ocean perch in the Western Regulatory Plan for Groundfish of the Gulf of AGENCY: National Marine Fisheries Area of the GOA. NMFS was unable to Alaska (FMP) prepared by the North Service (NMFS), National Oceanic and publish a notice providing time for Pacific Fishery Management Council Atmospheric Administration (NOAA), public comment because the most under authority of the Magnuson- Commerce. recent, relevant data only became Stevens Fishery Conservation and ACTION: Temporary rule; closure. available as of July 9, 2012. Management Act (Magnuson-Stevens The AA also finds good cause to Act). Regulations governing fishing by SUMMARY: NMFS is prohibiting retention waive the 30-day delay in the effective U.S. vessels in accordance with the FMP of Pacific ocean perch in the Western date of this action under 5 U.S.C. appear at subpart H of 50 CFR part 600 Regulatory Area of the Gulf of Alaska 553(d)(3). This finding is based upon and 50 CFR part 679. (GOA). This action is necessary because the reasons provided above for waiver of The Magnuson-Stevens Act requires the 2012 total allowable catch (TAC) of prior notice and opportunity for public that conservation and management Pacific ocean perch in the Western comment. measures prevent overfishing. The 2012 Regulatory Area of the GOA has been This action is required by § 679.20 Pacific ocean perch overfishing level in reached. and § 679.21 and is exempt from review the Western Regulatory Area of the GOA DATES: Effective 1200 hrs, Alaska local under Executive Order 12866. is 2,423 metric tons (mt) and the time (A.l.t.), July 10, 2012, through 2400 Authority: 16 U.S.C. 1801 et seq. acceptable biological catch (ABC) is hrs, A.l.t., December 31, 2012. Dated: July 10, 2012. 2,102 mt as established by the final 2012 FOR FURTHER INFORMATION CONTACT: James P. Burgess, and 2013 harvest specifications for groundfish in the GOA (77 FR 15194, Obren Davis, 907–586–7228. Acting Deputy Director, Office of Sustainable SUPPLEMENTARY INFORMATION: NMFS Fisheries, National Marine Fisheries Service. March 14, 2012). NMFS closed directed fishing for Pacific ocean perch on July manages the groundfish fishery in the [FR Doc. 2012–17162 Filed 7–10–12; 4:15 pm] 2, 2012 (77 FR 39649, July 5, 2012) and GOA exclusive economic zone BILLING CODE 3510–22–P according to the Fishery Management prohibited retention of Pacific ocean Plan for Groundfish of the Gulf of perch on July 10, 2012 (publication in Alaska (FMP) prepared by the North DEPARTMENT OF COMMERCE FR pending). Pacific Fishery Management Council As of July 9, 2012, approximately under authority of the Magnuson- National Oceanic and Atmospheric 2,428 mt of Pacific ocean perch has been Stevens Fishery Conservation and Administration harvested in the Western Regulatory Management Act. Regulations governing Area of the GOA. Vessels targeting fishing by U.S. vessels in accordance 50 CFR Part 679 various rockfish species have had significant incidental catch of Pacific with the FMP appear at subpart H of 50 [Docket No. 101207737–2141–02] CFR part 600 and 50 CFR part 679. ocean perch and have taken the majority The 2012 TAC of Pacific ocean perch RIN 0648–XC110 of Pacific ocean perch in the Western in the Western Regulatory Area of the Regulatory Area of the GOA in 2012. Fisheries of the Exclusive Economic GOA is 2,102 metric tons (mt) as Directed fishing for all rockfish species Zone Off Alaska; Arrowtooth Flounder, established by the final 2012 and 2013 categories is closed in the Western Flathead Sole, Rex Sole, Deep-Water harvest specifications for groundfish of Regulatory Area of the GOA. However, Flatfish, and Shallow-Water Flatfish in the GOA (77 FR 15194, March 14, 2012). substantial fishing effort is being the Gulf of Alaska Management Area In accordance with § 679.20(d)(2), the directed at fisheries currently open to Administrator, Alaska Region, NMFS AGENCY: National Marine Fisheries directed fishing in the Western (Regional Administrator), has Service (NMFS), National Oceanic and Regulatory Area of the GOA, including determined that the 2012 TAC of Pacific Atmospheric Administration (NOAA), arrowtooth flounder, flathead sole, rex ocean perch in the Western Regulatory Commerce. sole, deep-water flatfish, and shallow- Area of the GOA has been reached. ACTION: Temporary rule; closure. water flatfish. If vessels are allowed to Therefore, NMFS is requiring that continue directed fishing for arrowtooth Pacific ocean perch caught in the SUMMARY: NMFS is prohibiting directed flounder, flathead sole, rex sole, deep- Western Regulatory Area of the GOA be fishing for arrowtooth flounder, flathead water flatfish, or shallow-water flatfish treated as prohibited species in sole, rex sole, deep-water flatfish, and in the Western Regulatory Area of the accordance with § 679.21(b). shallow-water flatfish in the Western GOA, further incidental catch of Pacific Regulatory Area of the Gulf of Alaska ocean perch would occur. ‘‘Deep-water Classification (GOA). This action is necessary to limit flatfish means’’ Dover sole, Greenland This action responds to the best incidental catch of Pacific ocean perch turbot, Kamchatka flounder, and available information recently obtained by vessels fishing for arrowtooth deepsea sole. ‘‘Shallow-water flatfish’’ from the fishery. The Acting Assistant flounder, flathead sole, rex sole, deep- means flatfish not including ‘‘deep-

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water flatfish,’’ flathead sole, rex sole, or pursuant to the authority set forth at 5 The AA also finds good cause to arrowtooth flounder. U.S.C. 553(b)(B) as such requirement is waive the 30-day delay in the effective The Regional Administrator has impracticable and contrary to the public date of this action under 5 U.S.C. determined, in accordance with interest. This requirement is 553(d)(3). This finding is based upon § 679.20(d)(3), that prohibiting directed impracticable and contrary to the public the reasons provided above for waiver of fishing for arrowtooth flounder, flathead interest as it would prevent NMFS from prior notice and opportunity for public sole, rex sole, deep-water flatfish, and responding to the most recent fisheries comment. shallow-water flatfish in the Western data in a timely fashion, would delay Regulatory Area of the GOA is necessary This action is required by § 679.20 prohibiting directed fishing for to prevent further incidental catch of and is exempt from review under arrowtooth flounder, flathead sole, rex Pacific ocean perch. Executive Order 12866. sole, deep-water flatfish, and shallow- Classification water flatfish in the Western Regulatory Authority: 16 U.S.C. 1801 et seq. This action responds to the best Area of the GOA and allow further Dated: July 10, 2012. available information recently obtained incidental catch of Pacific ocean perch James P. Burgess, from the fishery. The Assistant to occur in these fisheries. NMFS was Acting Deputy Director, Office of Sustainable Administrator for Fisheries, NOAA unable to publish a notice providing Fisheries, National Marine Fisheries Service. (AA), finds good cause to waive the time for public comment because the [FR Doc. 2012–17163 Filed 7–10–12; 4:15 pm] most recent, relevant data only became requirement to provide prior notice and BILLING CODE 3510–22–P opportunity for public comment available as of July 9, 2012.

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