[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Page 39649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16477]
[[Page 39649]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111207737-2141-02]
RIN 0648-XC087
Fisheries of the Exclusive Economic Zone Off Alaska; ``Other
Rockfish'' 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.
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SUMMARY: NMFS is prohibiting retention of ``other rockfish'' in the
Western Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary because the 2012 total allowable catch (TAC) of ``other
rockfish'' in the Western Regulatory Area of the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 2, 2012,
through 2400 hrs, A.l.t., December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
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 ``other rockfish'' in the Western Regulatory Area
of the GOA is 44 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 ``other rockfish'' in the Western Regulatory Area of the GOA will be
achieved. Therefore, NMFS is requiring that ``other rockfish'' caught
in the Western Regulatory Area of the GOA be treated as prohibited
species in accordance with Sec. 679.21(b).
``Other rockfish'' in the Western Regulatory Area of the GOA means
slope and demersal shelf rockfish.
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 ``other rockfish''
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 28, 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: June 29, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-16477 Filed 6-29-12; 4:15 pm]
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