80 FR 11332 - Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 41 (March 3, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 41 (March 3, 2015)
| Page Range | 11332-11333 | |
| FR Document | 2015-04378 |
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)] [Rules and Regulations] [Pages 11332-11333] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04378] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 131021878-4158-02] RIN 0648-XD803 Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for Pacific cod, except for the Community Development Quota program (CDQ), in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the non-CDQ allocation of the 2015 Pacific cod total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 27, 2015, through 2400 hrs, A.l.t., December 31, 2015. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI 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 non-CDQ allocation of the 2015 Pacific cod TAC in the Aleutian Islands subarea of the BSAI is 8,414 metric tons (mt) as established by the final 2014 and 2015 harvest specifications for groundfish in the BSAI (79 FR 12108, March 4, 2014) and inseason adjustment (80 FR 188, January 5, 2015). In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the non-CDQ allocation of the 2015 Pacific cod TAC in the Aleutian Islands subarea of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 6,414 mt, and is setting aside the remaining 2,000 mt as incidental catch in directed fishing for other species. In accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod in the Aleutian Islands subarea of the BSAI. After the effective date of this closure the maximum retainable amounts at Sec. 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 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 [[Page 11333]] 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 directed fishing closure of non-CDQ Pacific cod in the Aleutian Islands subarea of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 25, 2015. 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 is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 26, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-04378 Filed 2-26-15; 4:15 pm] BILLING CODE 3510-22-P
![11332 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
Area 1 and 2 Exempted Areas, as interruption, as was originally intended Community Development Quota
described at 50 CFR 648.80(a)(9). when the interim management measures program (CDQ), in the Aleutian Islands
Because these areas were omitted from were published. subarea of the Bering Sea and Aleutian
the regulatory text, groundfish vessels Islands management area (BSAI). This
List of Subjects in 50 CFR Part 648
would be unable to fish in the portions action is necessary to prevent exceeding
of the Small Mesh 1 and 2 Exemption Fisheries, Fishing, Recordkeeping and the non-CDQ allocation of the 2015
Areas that overlap with the GOM cod reporting requirements. Pacific cod total allowable catch (TAC)
seasonal interim closure areas. This Dated: February 24, 2015. in the Aleutian Islands subarea of the
correction adds the Small Mesh Area 1 Samuel D. Rauch III, BSAI.
and 2 Exempted Areas to the list of Deputy Assistant Administrator for DATES: Effective 1200 hrs, Alaska local
exempted fishery areas that are exempt Regulatory Programs, National Marine time (A.l.t.), February 27, 2015, through
from the GOM cod seasonal interim Fisheries Service. 2400 hrs, A.l.t., December 31, 2015.
closure areas. As a result, vessels can
Therefore, NOAA amends 50 CFR part FOR FURTHER INFORMATION CONTACT: Josh
now fish with small mesh nets with
raised footrope trawls in the Small Mesh 648 as follows: Keaton, 907–586–7269.
Area 2 Exemption Area in March and SUPPLEMENTARY INFORMATION: NMFS
April, and, if the interim rule were to be PART 648—FISHERIES OF THE manages the groundfish fishery in the
extended another six months, in the NORTHEASTERN UNITED STATES BSAI according to the Fishery
Small Mesh Area 1 Exemption Area July Management Plan for Groundfish of the
15 through November 15. This ■ 1. The authority citation for part 648 Bering Sea and Aleutian Islands
correction is consistent with the original continues to read as follows: Management Area (FMP) prepared by
intent of the GOM cod interim rule. Authority: 16 U.S.C. 1801 et seq. the North Pacific Fishery Management
Council under authority of the
Classification ■ 2. Section 648.81 is amended by:
■ A. Suspending from February 26, Magnuson-Stevens Fishery
The Assistant Administrator (AA) for 2015, unti May 12, 2015, paragraph Conservation and Management Act.
Fisheries, NOAA, finds that pursuant to (o)(2)(iv), and Regulations governing fishing by U.S.
5 U.S.C. 553(b)(B), there is good cause ■ B. Temporarily adding from February
vessels in accordance with the FMP
to waive prior notice and an 26, 2015, until May 12, 2015, paragraph appear at subpart H of 50 CFR part 600
opportunity for public comment on this (o)(2)(vi). and 50 CFR part 679.
action, as notice and comment would be The addition reads as follows: The non-CDQ allocation of the 2015
contrary to the public interest. This Pacific cod TAC in the Aleutian Islands
temporary rule adds the Small Mesh § 648.81 NE multispecies closed area and subarea of the BSAI is 8,414 metric tons
Area 1 and 2 Exempted Areas to the list measures to protect EFH. (mt) as established by the final 2014 and
of exempted fisheries that are exempt * * * * * 2015 harvest specifications for
from the GOM cod seasonal interim (o) * * * groundfish in the BSAI (79 FR 12108,
closure areas. These two areas were (2) * * * March 4, 2014) and inseason adjustment
inadvertently left out of the GOM cod (vi) That are fishing in the Raised (80 FR 188, January 5, 2015). In
interim action and adding these areas Footrope Trawl Exempted Whiting accordance with § 679.20(d)(1)(i), the
does not substantively change the Fishery, ass specified in § 648.80(a)(15), Administrator, Alaska Region, NMFS,
regulations. Providing notice and or the Small Mesh Area 1 and 2 has determined that the non-CDQ
comment on these changes is contrary to Exemption Areas as specified in allocation of the 2015 Pacific cod TAC
the public interest because any § 648.80(a)(9). in the Aleutian Islands subarea of the
additional delay would cause economic [FR Doc. 2015–04319 Filed 2–26–15; 4:15 pm] BSAI will soon be reached. Therefore,
harm to fishery participants by denying BILLING CODE 3510–22–P the Regional Administrator is
them opportunities to fish in the establishing a directed fishing
specified areas, which would have been allowance of 6,414 mt, and is setting
permitted but for the previous DEPARTMENT OF COMMERCE aside the remaining 2,000 mt as
inadvertent omission. Moreover, this incidental catch in directed fishing for
action reduces a regulatory restriction National Oceanic and Atmospheric other species. In accordance with
and provides fishermen with greater Administration § 679.20(d)(1)(iii), the Regional
fishing opportunities while maintaining Administrator finds that this directed
the goals and objectives of the GOM cod 50 CFR Part 679 fishing allowance has been reached.
interim rule and the groundfish fishery [Docket No. 131021878–4158–02] Consequently, NMFS is prohibiting
management plan. directed fishing for Pacific cod in the
The Assistant Administrator also RIN 0648–XD803 Aleutian Islands subarea of the BSAI.
finds good cause under 5 U.S.C. After the effective date of this closure
553(d)(3) to waive the 30-day delay in Fisheries of the Exclusive Economic
the maximum retainable amounts at
effectiveness and makes this rule Zone off Alaska; Pacific Cod in the
§ 679.20(e) and (f) apply at any time
effective immediately upon filing for Aleutian Islands Subarea of the Bering
during a trip.
public inspection. In addition to the Sea and Aleutian Islands Management
reasons stated above, an area within Area Classification
Small Mesh Area 2 will close on March AGENCY: National Marine Fisheries This action responds to the best
Rmajette on DSK2VPTVN1PROD with RULES
1, 2015. Vessels fishing with raised Service (NMFS), National Oceanic and available information recently obtained
footrope trawls would then be Atmospheric Administration (NOAA), from the fishery. The Assistant
prohibited from fishing in that area Commerce. Administrator for Fisheries, NOAA
unnecessarily. Waiving the 30-day delay ACTION: Temporary rule; closure. (AA), finds good cause to waive the
avoids this unnecessary closure and requirement to provide prior notice and
allows fishery participants to fish in SUMMARY: NMFS is prohibiting directed opportunity for public comment
Small Mesh Area 2 without fishing for Pacific cod, except for the pursuant to the authority set forth at 5
VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1](https://thefederalregister.org/doc/80_FR_11373/page/1.svg)
![Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11333
U.S.C. 553(b)(B) as such requirement is time for public comment because the This action is required by § 679.20
impracticable and contrary to the public most recent, relevant data only became and is exempt from review under
interest. This requirement is available as of February 25, 2015. Executive Order 12866.
impracticable and contrary to the public The AA also finds good cause to Authority: 16 U.S.C. 1801 et seq.
interest as it would prevent NMFS from
waive the 30-day delay in the effective Dated: February 26, 2015.
responding to the most recent fisheries
date of this action under 5 U.S.C. Jennifer M. Wallace,
data in a timely fashion and would
delay the directed fishing closure of 553(d)(3). This finding is based upon Acting Director, Office of Sustainable
non-CDQ Pacific cod in the Aleutian the reasons provided above for waiver of Fisheries, National Marine Fisheries Service.
Islands subarea of the BSAI. NMFS was prior notice and opportunity for public [FR Doc. 2015–04378 Filed 2–26–15; 4:15 pm]
unable to publish a notice providing comment. BILLING CODE 3510–22–P
Rmajette on DSK2VPTVN1PROD with RULES
VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\03MRR1.SGM 03MRR1](https://thefederalregister.org/doc/80_FR_11373/page/2.svg)
Document Created: 2015-12-18 11:55:43
Document Modified: 2015-12-18 11:55:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), February 27, 2015, through 2400 hrs, A.l.t., December 31, 2015. | |
| Contact | Josh Keaton, 907-586-7269. | |
| FR Citation | 80 FR 11332 | |
| RIN Number | 0648-XD80 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR