Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska, 41332 [2012-17162]
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Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111207737–2141–02]
RIN 0648–XC109
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Western Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of Pacific ocean perch in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary because
the 2012 total allowable catch (TAC) of
Pacific ocean perch in the Western
Regulatory Area of the GOA has been
reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 10, 2012, through 2400
hrs, A.l.t., December 31, 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.
The 2012 TAC of Pacific ocean perch
in the Western Regulatory Area of the
GOA is 2,102 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)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2012 TAC of Pacific
ocean perch in the Western Regulatory
Area of the GOA has been reached.
Therefore, NMFS is requiring that
Pacific ocean perch caught in the
Western Regulatory Area of the GOA be
treated as prohibited species in
accordance with § 679.21(b).
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
VerDate Mar<15>2010
16:29 Jul 12, 2012
Jkt 226001
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 prohibiting the retention of Pacific
ocean perch in the Western 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 July 9, 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 § 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 10, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–17162 Filed 7–10–12; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101207737–2141–02]
RIN 0648–XC110
Fisheries of the Exclusive Economic
Zone Off Alaska; Arrowtooth Flounder,
Flathead Sole, Rex Sole, Deep-Water
Flatfish, and Shallow-Water Flatfish in
the Gulf of Alaska Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for arrowtooth flounder, flathead
sole, rex sole, deep-water flatfish, and
shallow-water flatfish in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to limit
incidental catch of Pacific ocean perch
by vessels fishing for arrowtooth
flounder, flathead sole, rex sole, deep-
SUMMARY:
PO 00000
Frm 00086
Fmt 4700
Sfmt 4700
water flatfish, and shallow-water flatfish
in the Western Regulatory Area of the
GOA.
Effective 1200 hrs, Alaska local
time (A.l.t.), July 10, 2012, through 2400
hrs, A.l.t., December 31, 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 (Magnuson-Stevens
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 Magnuson-Stevens Act requires
that conservation and management
measures prevent overfishing. The 2012
Pacific ocean perch overfishing level in
the Western Regulatory Area of the GOA
is 2,423 metric tons (mt) and the
acceptable biological catch (ABC) is
2,102 mt as established by the final 2012
and 2013 harvest specifications for
groundfish in the GOA (77 FR 15194,
March 14, 2012). NMFS closed directed
fishing for Pacific ocean perch on July
2, 2012 (77 FR 39649, July 5, 2012) and
prohibited retention of Pacific ocean
perch on July 10, 2012 (publication in
FR pending).
As of July 9, 2012, approximately
2,428 mt of Pacific ocean perch has been
harvested in the Western Regulatory
Area of the GOA. Vessels targeting
various rockfish species have had
significant incidental catch of Pacific
ocean perch and have taken the majority
of Pacific ocean perch in the Western
Regulatory Area of the GOA in 2012.
Directed fishing for all rockfish species
categories is closed in the Western
Regulatory Area of the GOA. However,
substantial fishing effort is being
directed at fisheries currently open to
directed fishing in the Western
Regulatory Area of the GOA, including
arrowtooth flounder, flathead sole, rex
sole, deep-water flatfish, and shallowwater flatfish. If vessels are allowed to
continue directed fishing for arrowtooth
flounder, flathead sole, rex sole, deepwater flatfish, or shallow-water flatfish
in the Western Regulatory Area of the
GOA, further incidental catch of Pacific
ocean perch would occur. ‘‘Deep-water
flatfish means’’ Dover sole, Greenland
turbot, Kamchatka flounder, and
deepsea sole. ‘‘Shallow-water flatfish’’
means flatfish not including ‘‘deepDATES:
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13JYR1
]]>Agencies
[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Page 41332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17162]
[[Page 41332]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC109
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Western 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 retention of Pacific ocean perch in the
Western Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary because the 2012 total allowable catch (TAC) of Pacific ocean
perch in the Western Regulatory Area of the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 10, 2012,
through 2400 hrs, A.l.t., December 31, 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 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 2012 TAC of Pacific ocean perch in the Western Regulatory Area
of the GOA is 2,102 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 Sec. 679.20(d)(2), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2012 TAC
of Pacific ocean perch in the Western Regulatory Area of the GOA has
been reached. Therefore, NMFS is requiring that Pacific ocean perch
caught in the Western Regulatory Area of the GOA be treated as
prohibited species in accordance with Sec. 679.21(b).
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 prohibiting the retention of Pacific ocean
perch in the Western 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 July 9, 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 Sec. 679.20 and Sec. 679.21 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 10, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-17162 Filed 7-10-12; 4:15 pm]
BILLING CODE 3510-22-P
