80_FR_48623 80 FR 48467 - Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Regulatory Area of the Gulf of Alaska

80 FR 48467 - Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 156 (August 13, 2015)

Page Range48467-48468
FR Document2015-19926

NMFS is opening directed fishing for groundfish, other than pollock, by non-Rockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the Gulf of Alaska (GOA). This action is necessary to fully use the 2015 groundfish total allowable catch available for non-Rockfish Program catcher vessels directed fishing for groundfish, other than pollock, using trawl gear in the Western and Central Regulatory Areas of the GOA.

Federal Register, Volume 80 Issue 156 (Thursday, August 13, 2015) 
[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Rules and Regulations]
[Pages 48467-48468]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19926]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140918791-4999-02]
RIN 0648-XE099


Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish 
Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the 
Western and Central Regulatory Area of the Gulf of Alaska

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 groundfish, other than 
pollock, by non-Rockfish Program catcher vessels using trawl gear in 
the Western and Central Regulatory Areas of the Gulf of Alaska (GOA). 
This action is necessary to fully use the 2015 groundfish total 
allowable catch available for non-Rockfish Program catcher vessels 
directed fishing for groundfish, other than pollock, using trawl gear 
in the Western and Central Regulatory Areas of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 10, 
2015, through 2400 hours, A.l.t., December 31, 2015. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
August 25, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0118, 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-2014-0118, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     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: Mary Furuness, 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 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.
    NMFS prohibited directed fishing for groundfish, other than 
pollock, by non-Rockfish Program catcher vessels using trawl gear in 
the Western and Central Regulatory Areas of the GOA, effective 1200 
hours, A.l.t., May 3, 2015 (May 6, 2015, 80 FR 25967) under Sec.  
679.21(i)(7)(i).

[[Page 48468]]

    On August 10, 2015, NMFS published an emergency rule (80 FR 47864, 
August 10, 2015) establishing a Chinook salmon prohibited species catch 
(PSC) limit of 1,600 for non-Rockfish Program catcher vessels directed 
fishing for groundfish, other than pollock, using trawl gear in the 
Western and Central Regulatory Areas of the GOA that is available from 
August 10, 2015 until December 31, 2015 (Sec.  679.21(i)(8)). 
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 groundfish total 
allowable catch available for non-Rockfish Program catcher vessels 
directed fishing for groundfish, other than pollock, using trawl gear 
in the Western and Central Regulatory Areas of the GOA, NMFS is 
terminating the previous closure and is opening directed fishing for 
non-Rockfish Program catcher vessels directed fishing for groundfish, 
other than pollock, using trawl gear in the Western and Central 
Regulatory Areas of the GOA.

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.  679.25(c)(1)(ii) 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 opening directed fishing for 
groundfish, other than pollock, by non-Rockfish Program catcher vessels 
using trawl gear in the Western and Central Regulatory Areas 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 August 7, 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 groundfish, other than pollock, by non-Rockfish Program catcher 
vessels using trawl gear in the Western and Central Regulatory Areas of 
the GOA 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 August 25, 2015.
    This action is required by Sec. Sec.  679.20, 679.21, and 679.25 
and is exempt from review under Executive Order 12866.

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

    Dated: August 10, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-19926 Filed 8-10-15; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations 48467 the facts related to the criteria. (i) Recommended findings of fact on DATES: Effective 1200 hours, Alaska Conclusive proof of the facts relating to all disputed issues of material fact; local time (A.l.t.), August 10, 2015, a criterion shall not be required in order (ii) Recommended conclusions of law: through 2400 hours, A.l.t., December 31, for the criterion to be considered met. (A) Necessary to make the findings of 2015. Comments must be received at the fact (such as rulings on materiality and following address no later than 4:30 § 4.1049 When will the hearing record on the admissibility of evidence); and p.m., A.l.t., August 25, 2015. close? (B) As to whether the applicable ADDRESSES: You may submit comments (a) The hearing record will close criteria for Federal acknowledgment when the ALJ closes the hearing, unless on this document, identified by NOAA– have been met; and NMFS–2014–0118, by any of the he or she directs otherwise. (iii) Reasons for the findings and (b) Except as provided in following methods: conclusions. • Electronic Submission: Submit all § 4.1045(b)(1), evidence may not be (2) The ALJ may adopt any of the added after the hearing record is closed, electronic public comments via the findings of fact proposed by one or more Federal e-Rulemaking Portal. Go to but the transcript may be corrected of the parties. under § 4.1047(b). http://www.regulations.gov/ (c) Service. Promptly after issuing a #!docketDetail;D=NOAA-NMFS-2014- § 4.1050 What are the requirements for recommended decision, the ALJ must: 0118, click the ‘‘Comment Now!’’ icon, post-hearing briefs? (1) Serve the recommended decision complete the required fields, and enter (a) General. (1) Each party may file a on each party to the hearing process; or attach your comments. and post-hearing brief within 20 days after • Mail: Submit written comments to the close of the hearing, unless the ALJ (2) Forward the complete hearing Glenn Merrill, Assistant Regional sets a different deadline. record to the Assistant Secretary— Administrator, Sustainable Fisheries (2) A party may file a reply brief only Indian Affairs, including the Division, Alaska Region NMFS, Attn: if requested by the ALJ. The deadline for recommended decision. Ellen Sebastian. Mail comments to P.O. filing a reply brief, if any, will be set by Dated: August 3, 2015. Box 21668, Juneau, AK 99802–1668. the ALJ. Kristen J. Sarri, Instructions: Comments sent by any (3) The ALJ may limit the length of Principal Deputy Assistant Secretary for other method, to any other address or the briefs to be filed under this section. Policy Management & Budget. individual, or received after the end of (b) Content. (1) An initial brief must [FR Doc. 2015–19612 Filed 8–12–15; 8:45 am] the comment period, may not be include: BILLING CODE 4337–15–P considered by NMFS. All comments (i) A concise statement of the case; (ii) A separate section containing received are a part of the public record proposed findings regarding the issues and will generally be posted for public of material fact, with supporting DEPARTMENT OF COMMERCE viewing on www.regulations.gov citations to the hearing record; without change. All personal identifying (iii) Arguments in support of the National Oceanic and Atmospheric information (e.g., name, address), party’s position; and Administration confidential business information, or (iv) Any other matter required by the otherwise sensitive information ALJ. 50 CFR Part 679 submitted voluntarily by the sender will (2) A reply brief, if requested by the be publicly accessible. NMFS will [Docket No. 140918791–4999–02] accept anonymous comments (enter ‘‘N/ ALJ, must be limited to any issues identified by the ALJ. RIN 0648–XE099 A’’ in the required fields if you wish to (c) Form. (1) An exhibit admitted into remain anonymous). Attachments to evidence or marked for identification in Fisheries of the Economic Exclusive electronic comments will be accepted in the record may not be reproduced in the Zone Off Alaska; Groundfish Fishery Microsoft Word, Excel, or Adobe PDF brief. by Non-Rockfish Program Catcher file formats only. (i) Such an exhibit may be Vessels Using Trawl Gear in the FOR FURTHER INFORMATION CONTACT: reproduced, within reasonable limits, in Western and Central Regulatory Area Mary Furuness, 907–586–7228. an appendix to the brief. of the Gulf of Alaska SUPPLEMENTARY INFORMATION: NMFS (ii) Any pertinent analysis of an manages the groundfish fishery in the exhibit may be included in a brief. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and GOA exclusive economic zone (2) If a brief exceeds 30 pages, it must Atmospheric Administration (NOAA), according to the Fishery Management contain: Commerce. Plan for Groundfish of the Gulf of (i) A table of contents and of points ACTION: Temporary rule; modification of Alaska (FMP) prepared by the North made, with page references; and closure. Pacific Fishery Management Council (ii) An alphabetical list of citations to under authority of the Magnuson- legal authority, with page references. SUMMARY: NMFS is opening directed Stevens Fishery Conservation and § 4.1051 What are the requirements for the fishing for groundfish, other than Management Act. Regulations governing ALJ’s recommended decision? pollock, by non-Rockfish Program fishing by U.S. vessels in accordance (a) Timing. The ALJ must issue a catcher vessels using trawl gear in the with the FMP appear at subpart H of 50 recommended decision within 180 days Western and Central Regulatory Areas of CFR part 600 and 50 CFR part 679. after issuance of the docketing notice the Gulf of Alaska (GOA). This action is NMFS prohibited directed fishing for necessary to fully use the 2015 groundfish, other than pollock, by non- rmajette on DSK2TPTVN1PROD with RULES under § 4.1020(a)(3), unless the ALJ issues an order finding good cause to groundfish total allowable catch Rockfish Program catcher vessels using issue the recommended decision at a available for non-Rockfish Program trawl gear in the Western and Central later date. catcher vessels directed fishing for Regulatory Areas of the GOA, effective (b) Content. (1) The recommended groundfish, other than pollock, using 1200 hours, A.l.t., May 3, 2015 (May 6, decision must contain all of the trawl gear in the Western and Central 2015, 80 FR 25967) under following: Regulatory Areas of the GOA. § 679.21(i)(7)(i). VerDate Sep<11>2014 15:41 Aug 12, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1

48468 Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations On August 10, 2015, NMFS published Classification date of this action under 5 U.S.C. an emergency rule (80 FR 47864, August This action responds to the best 553(d)(3). This finding is based upon 10, 2015) establishing a Chinook salmon available information recently obtained the reasons provided above for waiver of prohibited species catch (PSC) limit of from the fishery. The Assistant prior notice and opportunity for public 1,600 for non-Rockfish Program catcher Administrator for Fisheries, NOAA, comment. vessels directed fishing for groundfish, (AA), finds good cause to waive the Without this inseason adjustment, other than pollock, using trawl gear in requirement to provide prior notice and NMFS could not allow the fishery for the Western and Central Regulatory opportunity for public comment groundfish, other than pollock, by non- Areas of the GOA that is available from pursuant to the authority set forth at 5 Rockfish Program catcher vessels using August 10, 2015 until December 31, U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as trawl gear in the Western and Central 2015 (§ 679.21(i)(8)). Therefore, in such a requirement is impracticable and Regulatory Areas of the GOA to be accordance with § 679.25(a)(1)(i), contrary to the public interest. This harvested in an expedient manner and (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully requirement is impracticable and in accordance with the regulatory utilize the 2015 groundfish total contrary to the public interest as it schedule. Under § 679.25(c)(2), would prevent NMFS from responding interested persons are invited to submit allowable catch available for non- to the most recent fisheries data in a written comments on this action to the Rockfish Program catcher vessels timely fashion and would delay opening above address until August 25, 2015. directed fishing for groundfish, other directed fishing for groundfish, other This action is required by §§ 679.20, than pollock, using trawl gear in the than pollock, by non-Rockfish Program 679.21, and 679.25 and is exempt from Western and Central Regulatory Areas of catcher vessels using trawl gear in the review under Executive Order 12866. the GOA, NMFS is terminating the Western and Central Regulatory Areas of previous closure and is opening Authority: 16 U.S.C. 1801 et seq. the GOA. NMFS was unable to publish directed fishing for non-Rockfish a notice providing time for public Dated: August 10, 2015. Program catcher vessels directed fishing comment because the most recent, Alan D. Risenhoover, for groundfish, other than pollock, using relevant data only became available as Director, Office of Sustainable Fisheries, trawl gear in the Western and Central of August 7, 2015. National Marine Fisheries Service. Regulatory Areas of the GOA. The AA also finds good cause to [FR Doc. 2015–19926 Filed 8–10–15; 4:15 pm] waive the 30-day delay in the effective BILLING CODE 3510–22–P rmajette on DSK2TPTVN1PROD with RULES VerDate Sep<11>2014 15:41 Aug 12, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4700 Sfmt 9990 E:\FR\FM\13AUR1.SGM 13AUR1


Document Created: 2018-02-23 10:56:47
Document Modified: 2018-02-23 10:56:47
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 hours, Alaska local time (A.l.t.), August 10, 2015, through 2400 hours, A.l.t., December 31, 2015. Comments must be
ContactMary Furuness, 907-586-7228.
FR Citation80 FR 48467 
RIN Number0648-XE09
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