[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44501-44502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18512]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 111213751-2102-02]
RIN 0648-XC129


Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth 
Flounder in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch of arrowtooth flounder in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to allow the fisheries to continue operating. It is intended to promote 
the goals and objectives of the fishery management plan for the Bering 
Sea and Aleutian Islands management area.

DATES: Effective July 25, 2012 through 2400 hrs, Alaska local time, 
December 31, 2012. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, August 9, 2012.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS 2012-0150, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter NOAA-NMFS 2012-0150 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 that line.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
     Fax: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
     Hand delivery to the Federal Building: Address written 
comments to Glenn Merrill, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen 
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau, 
AK.
    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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address) 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[sol]A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
(BSAI) exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(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 initial total allowable catch (ITAC) of arrowtooth 
flounder in the BSAI was established as 21,250 metric tons (mt) by the 
final 2012 and 2013 harvest specifications for groundfish of the BSAI 
(77 FR 10669, February 23, 2012). In accordance with Sec.  679.20(a)(3) 
the Regional Administrator, Alaska Region, NMFS, has reviewed the most 
current available data and finds that the ITAC for arrowtooth flounder 
in the BSAI needs to be supplemented from the non-specified reserve in 
order to promote efficiency in the utilization of fishery resources in 
the BSAI and allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 1,075 mt to the arrowtooth 
flounder ITAC in the BSAI. This apportionment is consistent with Sec.  
679.20(b)(1)(i) and does not result in overfishing of a target species 
because the revised ITAC is equal to or less than the specifications of 
the acceptable biological catch in the final 2012 and 2013 harvest 
specifications for groundfish in the BSAI (77 FR 10669, February 23, 
2012).
    The harvest specification for the 2012 arrowtooth flounder ITAC 
included in the harvest specifications for groundfish in the BSAI is 
revised as follows: 22,325 mt for arrowtooth flounder in the BSAI.

[[Page 44502]]

Classification

    This action responds to the best available information recently 
obtained from the fishery. The 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) and Sec.  679.20(b)(3)(iii)(A) as such a 
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 the apportionment of the non-specified 
reserves of groundfish to the arrowtooth flounder fishery in the BSAI. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet and processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of July 24, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until August 9, 
2012.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 25, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-18512 Filed 7-25-12; 4:15 pm]
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