24154 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 

be addressed by the Council and 

Commission in an amendment to the 

FMP. NMFS has no authority to alter the 

allocation as part of the annual 

specifications process. 

Comment 3: The Rhode Island 

Division of Fish and Wildlife (RI DFW) 

provided extensive comment on the 

challenges state agencies face in 

administering permits for and tracking 

landings associated with the research 

set-aside (RSA) program. The RI DFW 

recommends that RSA landings be 

included as a landing disposition code 

in the Northeast Standard Atlantic 

Fisheries Information System (SAFIS) 

dealer landing reporting system for 

improved landing tracking. Several 

additional suggestions for improving the 

permit issuance, monitoring, and 

compliance monitoring of the RSA 

program were also provided. 

Response: NMFS recognizes that 

improvements can always be made in 

the administration of the RSA program, 

and NMFS also recognizes that the 

states may face unique challenges with 

this program; however, the Council and 

Commission continue to value the RSA 

program as an important mechanism to 

facilitate research on Council trust 

resources. NMFS will explore changes 

to the SAFIS system as RI DFW suggest, 

but acknowledge at the outset that such 

a change is unlikely to completely 

capture the information as RI DFW 

expects due to the fact that seafood 

dealers (who use SAFIS to report 

purchases) often do not know whether 

landings by a fishing vessel were RSA 

landings or not and so could not be 

expected to accurately code such 

landings as RSA. Because none of these 

comments are specifically germane to 

the annual specifications, no changes to 

the 2012 measures will be made. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Summer Flounder, Scup, and Black Sea 

Bass FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. 

The Assistant Administrator finds 

good cause under 5 U.S.C. 553(d)(3) to 

waive the 30-day delay in effective date 

as such a delay is unnecessary. This 

final rule makes no changes to the 

interim specifications implemented on 

January 1, 2012, so any delay in 

effectiveness of this final rule has no 

effect on the management measures to 

which the participants in the summer 

flounder, scup, and/or black sea bass 

commercial and/or recreational fisheries 

are currently subject. 

These final specifications are exempt 

from review under Executive Order 

12866. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

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

Dated: April 17, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2012–9755 Filed 4–20–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111207737–2141–02] 

RIN 0648–XC001 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Deep-Water Species 

Fishery by Vessels Using Trawl Gear in 

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 directed 

fishing for species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the second seasonal apportionment of 

the Pacific halibut bycatch allowance 

specified for the deep-water species 

fishery in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 19, 2012, through 

1200 hrs, A.l.t., July 1, 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 second seasonal apportionment 

of the Pacific halibut bycatch allowance 

specified for the deep-water species 

fishery in the GOA is 300 metric tons as 

established by the final 2012 and 2013 

harvest specifications for groundfish of 

the GOA (77 FR 15194, March 14, 2012), 

for the period 1200 hrs, A.l.t., April 1, 

2012, through 1200 hrs, A.l.t., July 1, 

2012. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the second 

seasonal apportionment of the Pacific 

halibut bycatch allowance specified for 

the trawl deep-water species fishery in 

the GOA has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for the deep-water 

species fishery by vessels using trawl 

gear in the GOA. The species and 

species groups that comprise the deepwater species fishery include sablefish, 

rockfish, deep-water flatfish, rex sole, 

and arrowtooth flounder. This closure 

does not apply to fishing by vessels 

participating in the cooperative fishery 

in the Rockfish Program for the Central 

GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 the closure of the deep-water 

species fishery by vessels using trawl 

gear in 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 April 17, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 24155 

Dated: April 18, 2012. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–9714 Filed 4–18–12; 4:15 pm] 

BILLING CODE 3510–22–P 

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