80_FR_18619 80 FR 18553 - Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area

80 FR 18553 - Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18553-18554
FR Document2015-07942

NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2015 total allowable catch (TAC) of northern rockfish in the BSAI.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Rules and Regulations]
[Pages 18553-18554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07942]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XD844


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish 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; modification of closure.

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SUMMARY: NMFS is opening directed fishing for northern rockfish in the 
Bering Sea and Aleutian Islands Management Area (BSAI). This action is 
necessary to fully use the 2015 total allowable catch (TAC) of northern 
rockfish in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 2, 2015, 
through 2400 hrs, A.l.t., December 31, 2015. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., April 17, 
2015.

ADDRESSES: You may submit comments on this document, identified by 
``NOAA-NMFS-2014-0134'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0134, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.

[[Page 18554]]

     Mail: Submit 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.
    Instructions: 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 by NMFS. 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), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

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.
    Pursuant to the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015), NMFS closed the 
directed fishery for northern rockfish under Sec.  679.20(d)(1)(iii).
    As of April 1, 2015, NMFS has determined that approximately 2,300 
metric tons of northern rockfish initial TAC remains unharvested in the 
BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2015 TAC of 
northern rockfish in the BSAI, NMFS is terminating the previous closure 
and is opening directed fishing for northern rockfish in the BSAI. This 
will enhance the socioeconomic well-being of harvesters in this area. 
The Administrator, Alaska Region (Regional Administrator) considered 
the following factors in reaching this decision: (1) The current catch 
of northern rockfish in the BSAI and, (2) the harvest capacity and 
stated intent on future harvesting patterns of vessels in participating 
in this fishery.

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) and Sec.  679.25(c)(1)(ii) 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 opening of northern 
rockfish in 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 April 1, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for northern rockfish in the BSAI to be harvested in an expedient 
manner and in accordance with the regulatory schedule. Under Sec.  
679.25(c)(2), interested persons are invited to submit written comments 
on this action to the above address until April 17, 2015.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: April 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-07942 Filed 4-2-15; 4:15 pm]
BILLING CODE CODE 3510-22-P



                                                                   Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations                                              18553

                                              undergoing overfishing. However, the                    Small Business Administration during                  third sentence in the same paragraph is
                                              Council’s decision to reduce the bag                    the proposed rule stage that this rule                removed to read as follows:
                                              limit was not based on a need to limit                  would not have a significant economic
                                              the harvest of red grouper. This action                 impact on a substantial number of small               § 622.41 Annual catch limits (ACLs),
                                                                                                                                                            annual catch targets (ACTs), and
                                              is intended to extend the length of the                 entities. The factual basis for this                  accountability measures (AMs).
                                              open season and avoid in-season                         determination was published in the
                                              recreational closures.                                  proposed rule and is not repeated here.               *       *   *     *     *
                                                 Comment 3: A longer recreational                     No comments were received regarding                      (e) * * *
                                              closed season is preferred rather than a                the certification to the Small Business                  (2) * * *
                                              reduction in the bag limit. Reducing the                Administration. Comments regarding                       (ii) * * * In addition, the notification
                                              red grouper bag limit to two fish would                 the general net economic effects of the               will reduce the length of the
                                              reduce the incentive to fish so that, even              action are addressed in the comments                  recreational red grouper fishing season
                                              with a longer open season, the net                      and responses section of this final rule.             the following fishing year by the amount
                                              economic effects of the action would be                 No changes to the final rule were made                necessary to ensure red grouper
                                              negative. Fishermen usually harvest two                 in response to these comments. As a                   recreational landings do not exceed the
                                              or three red grouper per angler, but                    result, a final regulatory flexibility                recreational ACT in the following
                                              having the opportunity to harvest four                  analysis was not required and none was                fishing year.
                                              fish is an incentive for the trip. Offshore             prepared.                                             *       *   *     *     *
                                              harvest levels should be at least three                                                                       [FR Doc. 2015–08001 Filed 4–6–15; 8:45 am]
                                              fish per angler.                                        List of Subjects in 50 CFR Part 622                   BILLING CODE CODE 3510–22–P
                                                 Response: NMFS disagrees that it is                    Fisheries, Fishing, Gulf, Recreational,
                                              preferable to have a longer closed                      Red grouper.
                                              season rather than a lower bag limit.                                                                         DEPARTMENT OF COMMERCE
                                                                                                        Dated: April 1, 2015.
                                              Although it is not possible to reliably
                                              forecast changes in fishing effort or the               Eileen Sobeck,                                        National Oceanic and Atmospheric
                                              associated economic impacts of the                      Assistant Administrator for Fisheries,                Administration
                                              reduction in the red grouper bag limit                  National Marine Fisheries Service.
                                              with available data, public comments on                   For the reasons set out in the                      50 CFR Part 679
                                              this and similar rules indicate the                     preamble, 50 CFR part 622 is amended                  [Docket No. 141021887–5172–02]
                                              majority of anglers prefer a longer open                as follows:
                                              season. Longer open seasons provide                                                                           RIN 0648–XD844
                                              greater flexibility to schedule trips and               PART 622—FISHERIES OF THE
                                              although some fishermen may harvest                     CARIBBEAN, GULF OF MEXICO, AND                        Fisheries of the Exclusive Economic
                                              more than two fish per trip, and                        SOUTH ATLANTIC                                        Zone Off Alaska; Northern Rockfish in
                                              therefore choose to not fish under the                                                                        the Bering Sea and Aleutian Islands
                                              lower limit, most anglers do not. The                   ■ 1. The authority citation for part 622              Management Area
                                              economic analysis in the framework                      continues to read as follows:
                                                                                                                                                            AGENCY:  National Marine Fisheries
                                              document explains that in 2011–2012,                        Authority: 16 U.S.C. 1801 et seq.                 Service (NMFS), National Oceanic and
                                              when the red grouper bag limit was 4                                                                          Atmospheric Administration (NOAA),
                                                                                                      ■ 2. In § 622.22, the last sentence in
                                              fish, more than 90 percent of trips taken                                                                     Commerce.
                                                                                                      paragraph (a)(5)(ii)(B) is revised to read
                                              by anglers fishing from private vessels
                                                                                                      as follows:                                           ACTION: Temporary rule; modification of
                                              or charter vessels, and more than 98
                                              percent of headboat trips, harvested 1 or                                                                     closure.
                                                                                                      § 622.22 Individual fishing quota (IFQ)
                                              2 red grouper per trip. As a result,                    program for Gulf groupers and tilefishes.             SUMMARY:     NMFS is opening directed
                                              lowering the limit to two fish is not                     (a) * * *                                           fishing for northern rockfish in the
                                              expected to adversely affect the harvest                  (5) * * *                                           Bering Sea and Aleutian Islands
                                              of most anglers, or their decision to fish.               (ii) * * *                                          Management Area (BSAI). This action is
                                              A longer open season with a reduced                       (B) * * * However, if red grouper is                necessary to fully use the 2015 total
                                              bag limit is expected to create more trips              under a rebuilding plan, the percentage               allowable catch (TAC) of northern
                                              and result in greater economic benefits                 of gag multi-use allocation is equal to               rockfish in the BSAI.
                                              than a shorter season with a higher bag                 zero.                                                 DATES: Effective 1200 hrs, Alaska local
                                              limit, which reduces the overall number                 *      *    *      *     *                            time (A.l.t.), April 2, 2015, through 2400
                                              of trips.
                                                                                                      ■ 3. In § 622.38, the first sentence in               hrs, A.l.t., December 31, 2015.
                                              Classification                                          paragraph (b)(2) is revised to read as                Comments must be received at the
                                                The Regional Administrator,                           follows:                                              following address no later than 4:30
                                              Southeast Region, NMFS, has                                                                                   p.m., A.l.t., April 17, 2015.
                                                                                                      § 622.38    Bag and possession limits.
                                              determined that this final rule is                                                                            ADDRESSES: You may submit comments
                                                                                                      *     *     *      *     *                            on this document, identified by
                                              necessary for the conservation and
                                                                                                        (b) * * *                                           ‘‘NOAA–NMFS–2014–0134’’ by any of
                                              management of Gulf red grouper and is
                                                                                                        (2) Groupers, combined, excluding                   the following methods:
                                              consistent with the framework action,
                                                                                                      goliath grouper—4 per person per day,                    • Electronic Submission: Submit all
                                              the FMP, the Magnuson-Stevens Act
                                                                                                      but not to exceed 1 speckled hind or 1
rljohnson on DSK3VPTVN1PROD with RULES




                                              and other applicable law. This final rule                                                                     electronic public comments via the
                                                                                                      warsaw grouper per vessel per day, or                 Federal e-Rulemaking Portal. Go to
                                              has been determined to be not
                                                                                                      2 gag or 2 red grouper per person per                 http://www.regulations.gov/
                                              significant for purposes of Executive
                                                                                                      day. * * *                                            #!docketDetail;D=NOAA-NMFS-2014-
                                              Order 12866.
                                                The Chief Counsel for Regulation of                   *     *     *      *     *                            0134, click the ‘‘Comment Now!’’ icon,
                                              the Department of Commerce certified                    ■ 4. In § 622.41, the second sentence in              complete the required fields, and enter
                                              to the Chief Counsel for Advocacy of the                paragraph (e)(2)(ii) is revised and the               or attach your comments.


                                         VerDate Sep<11>2014   15:31 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\07APR1.SGM   07APR1


                                              18554                Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations

                                                 • Mail: Submit written comments to                   patterns of vessels in participating in               DEPARTMENT OF COMMERCE
                                              Glenn Merrill, Assistant Regional                       this fishery.
                                              Administrator, Sustainable Fisheries                                                                          National Oceanic and Atmospheric
                                              Division, Alaska Region NMFS, Attn:                     Classification                                        Administration
                                              Ellen Sebastian. Mail comments to P.O.                     This action responds to the best
                                              Box 21668, Juneau, AK 99802–1668.                                                                             50 CFR Part 679
                                                                                                      available information recently obtained
                                                 Instructions: Comments sent by any                   from the fishery. The Acting Assistant                [Docket No. 140918791–4999–02]
                                              other method, to any other address or                   Administrator for Fisheries, NOAA
                                              individual, or received after the end of                                                                      RIN 0648–XD876
                                                                                                      (AA), finds good cause to waive the
                                              the comment period, may not be                          requirement to provide prior notice and               Fisheries of the Exclusive Economic
                                              considered by NMFS. All comments                        opportunity for public comment                        Zone Off Alaska; Pacific Cod by
                                              received are a part of the public record                                                                      Catcher/Processors Using Hook-and-
                                                                                                      pursuant to the authority set forth at 5
                                              and will generally be posted for public                                                                       Line Gear in the Western Regulatory
                                                                                                      U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as
                                              viewing on www.regulations.gov                                                                                Area of the Gulf of Alaska
                                                                                                      such requirement is impracticable and
                                              without change. All personal identifying
                                              information (e.g., name, address),                      contrary to the public interest. This                 AGENCY:  National Marine Fisheries
                                              confidential business information, or                   requirement is impracticable and                      Service (NMFS), National Oceanic and
                                              otherwise sensitive information                         contrary to the public interest as it                 Atmospheric Administration (NOAA),
                                              submitted voluntarily by the sender will                would prevent NMFS from responding                    Commerce.
                                              be publicly accessible. NMFS will                       to the most recent fisheries data in a                ACTION: Temporary rule; closure.
                                              accept anonymous comments (enter ‘‘N/                   timely fashion and would delay the
                                              A’’ in the required fields if you wish to               opening of northern rockfish in the                   SUMMARY:   NMFS is prohibiting directed
                                              remain anonymous). Attachments to                       BSAI. NMFS was unable to publish a                    fishing for Pacific cod by catcher/
                                              electronic comments will be accepted in                 notice providing time for public                      processors using hook-and-line gear in
                                              Microsoft Word, Excel, or Adobe PDF                     comment because the most recent,                      the Western Regulatory Area of the Gulf
                                              file formats only.                                      relevant data only became available as                of Alaska (GOA). This action is
                                                                                                      of April 1, 2015.                                     necessary to prevent exceeding the A
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            season allowance of the 2015 Pacific
                                              Steve Whitney, 907–586–7228.                               The AA also finds good cause to                    cod total allowable catch apportioned to
                                              SUPPLEMENTARY INFORMATION:        NMFS                  waive the 30-day delay in the effective               catcher/processors using hook-and-line
                                              manages the groundfish fishery in the                   date of this action under 5 U.S.C.                    gear in the Western Regulatory Area of
                                              BSAI according to the Fishery                           553(d)(3). This finding is based upon                 the GOA.
                                              Management Plan for Groundfish of the                   the reasons provided above for waiver of              DATES: Effective 1200 hours, Alaska
                                              Bering Sea and Aleutian Islands                         prior notice and opportunity for public               local time (A.l.t.), April 2, 2015, through
                                              Management Area (FMP) prepared by                       comment.                                              1200 hours, A.l.t., June 10, 2015.
                                              the North Pacific Fishery Management                       Without this inseason adjustment,                  FOR FURTHER INFORMATION CONTACT:
                                              Council under authority of the                          NMFS could not allow the fishery for                  Obren Davis, 907–586–7228.
                                              Magnuson-Stevens Fishery                                northern rockfish in the BSAI to be                   SUPPLEMENTARY INFORMATION: NMFS
                                              Conservation and Management Act.                        harvested in an expedient manner and                  manages the groundfish fishery in the
                                              Regulations governing fishing by U.S.                   in accordance with the regulatory                     GOA exclusive economic zone
                                              vessels in accordance with the FMP                      schedule. Under § 679.25(c)(2),                       according to the Fishery Management
                                              appear at subpart H of 50 CFR part 600                  interested persons are invited to submit              Plan for Groundfish of the Gulf of
                                              and 50 CFR part 679.                                                                                          Alaska (FMP) prepared by the North
                                                                                                      written comments on this action to the
                                                 Pursuant to the final 2015 and 2016                  above address until April 17, 2015.                   Pacific Fishery Management Council
                                              harvest specifications for groundfish in                                                                      under authority of the Magnuson-
                                              the BSAI (80 FR 11919, March 5, 2015),                     This action is required by § 679.20
                                                                                                      and § 679.25 and is exempt from review                Stevens Fishery Conservation and
                                              NMFS closed the directed fishery for                                                                          Management Act. Regulations governing
                                              northern rockfish under                                 under Executive Order 12866.
                                                                                                                                                            fishing by U.S. vessels in accordance
                                              § 679.20(d)(1)(iii).                                      Authority: 16 U.S.C. 1801 et seq.                   with the FMP appear at subpart H of 50
                                                 As of April 1, 2015, NMFS has                          Dated: April 2, 2015.                               CFR part 600 and 50 CFR part 679.
                                              determined that approximately 2,300                                                                           Regulations governing sideboard
                                                                                                      Emily H. Menashes,
                                              metric tons of northern rockfish initial                                                                      protections for GOA groundfish
                                              TAC remains unharvested in the BSAI.                    Acting Director, Office of Sustainable
                                                                                                                                                            fisheries appear at subpart B of 50 CFR
                                              Therefore, in accordance with                           Fisheries, National Marine Fisheries Service.
                                                                                                                                                            part 680.
                                              § 679.25(a)(1)(i), (a)(2)(i)(C), and                    [FR Doc. 2015–07942 Filed 4–2–15; 4:15 pm]               The A season allowance of the 2015
                                              (a)(2)(iii)(D), and to fully utilize the                BILLING CODE CODE 3510–22–P                           Pacific cod total allowable catch (TAC)
                                              2015 TAC of northern rockfish in the                                                                          apportioned to catcher/processors using
                                              BSAI, NMFS is terminating the previous                                                                        hook-and-line gear in the Western
                                              closure and is opening directed fishing                                                                       Regulatory Area of the GOA is 2,850
                                              for northern rockfish in the BSAI. This                                                                       metric tons (mt), as established by the
                                              will enhance the socioeconomic well-                                                                          final 2015 and 2016 harvest
rljohnson on DSK3VPTVN1PROD with RULES




                                              being of harvesters in this area. The                                                                         specifications for groundfish of the GOA
                                              Administrator, Alaska Region (Regional                                                                        (80 FR 10250, February 25, 2015).
                                              Administrator) considered the following                                                                          In accordance with § 679.20(d)(1)(i),
                                              factors in reaching this decision: (1) The                                                                    the Administrator, Alaska Region,
                                              current catch of northern rockfish in the                                                                     NMFS (Regional Administrator) has
                                              BSAI and, (2) the harvest capacity and                                                                        determined that the A season allowance
                                              stated intent on future harvesting                                                                            of the 2015 Pacific cod TAC


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Document Created: 2018-02-21 10:04:53
Document Modified: 2018-02-21 10:04:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; modification of closure.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), April 2, 2015, through 2400 hrs, A.l.t., December 31, 2015. Comments must be received
ContactSteve Whitney, 907-586-7228.
FR Citation80 FR 18553 
RIN Number0648-XD84

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