80 FR 54253 - Fisheries of the Exclusive Economic Zone Off Alaska; Dusky Rockfish in the Western Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 174 (September 9, 2015)

Page Range		54253-54254
FR Document		2015-22641

NMFS is prohibiting directed fishing for dusky rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2015 total allowable catch of dusky rockfish in the Western Regulatory Area of the GOA.

Federal Register, Volume 80 Issue 174 (Wednesday, September 9, 2015)

[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Rules and Regulations]
[Pages 54253-54254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22641]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140918791-4999-02]
RIN 0648-XE169


Fisheries of the Exclusive Economic Zone Off Alaska; Dusky 
Rockfish in the Western Regulatory Area of the Gulf of Alaska

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for dusky rockfish in the 
Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2015 total allowable catch of dusky 
rockfish in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 3, 
2015, through 2400 hours, A.l.t., December 31, 2015.

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 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 2015 total allowable catch (TAC) of dusky rockfish in the 
Western Regulatory Area of the GOA is 296 metric tons (mt) as 
established by the final 2015 and 2016 harvest specifications for 
groundfish of the Gulf of Alaska (80 FR 10250, February 25, 2015).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2015 TAC 
of dusky rockfish in the Western Regulatory Area

[[Page 54254]]

of the GOA will soon be reached. Therefore, the Regional Administrator 
is establishing a directed fishing allowance of 50 mt, and is setting 
aside the remaining 246 mt as bycatch to support other anticipated 
groundfish fisheries. 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 
dusky rockfish in the Western Regulatory Area of the GOA.
    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 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 directed fishing for dusky rockfish in the 
Western Regulatory Area 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 September 2, 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: September 3, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-22641 Filed 9-3-15; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations 54253

authority for this collection of days after the date filed, provided, Federal Communications Commission.
information is contained in section 3 of however, that the franchising authority Gloria J. Miles,
the Cable Television Consumer may not regulate the rates of a cable Federal Register Liaison Officer, Office of the
Protection and Competition Act of 1992 system unless it: (1) Adopts regulations Secretary.
(47 U.S.C. 543), as well as sections 4(i), (i) consistent with the Commission’s [FR Doc. 2015–22616 Filed 9–8–15; 8:45 am]
4(j), and 623 of the Communications Act regulations governing the basic tier and BILLING CODE 6712–01–P
of 1934, as amended, and section 111 of (ii) providing a reasonable opportunity
the STELA Reauthorization Act of 2014. for consideration of the views of
Total Annual Burden: 26 hours. interested parties, within 120 days of
Total Annual Cost: None. DEPARTMENT OF COMMERCE
the effective date of the certification;
Privacy Act Impact Assessment: No and (2) notifies the cable operator that National Oceanic and Atmospheric
impact(s). the franchising authority has been
Nature and Extent of Confidentiality: Administration
certified and has adopted the required
There is no need for confidentiality with regulations.
this collection of information. 50 CFR Part 679
Needs and Uses: On June 3, 2015, the OMB Control Number: 3060–0560. [Docket No. 140918791–4999–02]
Commission released a Report and OMB Approval Date: August 25, 2015.
Order, MB Docket No. 15–53; FCC 15– OMB Expiration Date: August 31, RIN 0648–XE169
62. The Report and Order adopted a 2018.
rebuttable presumption that cable Title: Section 76.911, Petition for Fisheries of the Exclusive Economic
operators are subject to competing Reconsideration of Certification. Zone Off Alaska; Dusky Rockfish in the
Form No.: N/A. Western Regulatory Area of the Gulf of
provider effective competition. Respondents: State, local or tribal
The information collection Alaska
governments; Businesses or other for-
requirements consist of: AGENCY: National Marine Fisheries
FCC Form 328. Pursuant to section profit entities.
Number of Respondents and Service (NMFS), National Oceanic and
76.910, a franchising authority must be Atmospheric Administration (NOAA),
Responses: 15 respondents; 25
certified by the Commission to regulate Commerce.
responses.
the basic service tier and associated Estimated Time per Response: 2–10 ACTION: Temporary rule; closure.
equipment of a cable system within its hours.
jurisdiction. To obtain this certification, Frequency of Response: On occasion SUMMARY: NMFS is prohibiting directed
the franchising authority must prepare reporting requirement; Third party fishing for dusky rockfish in the
and submit FCC Form 328. The Report disclosure requirement. Western Regulatory Area of the Gulf of
and Order revises section 76.910 to Obligation To Respond: Required to Alaska (GOA). This action is necessary
require a franchising authority filing obtain or retain benefits. The statutory to prevent exceeding the 2015 total
Form 328 to submit specific evidence authority for this collection of allowable catch of dusky rockfish in the
demonstrating its rebuttal of the information is contained in sections 4(i) Western Regulatory Area of the GOA.
presumption in section 76.906 that the and 623 of the Communications Act of DATES: Effective 1200 hours, Alaska
cable system is subject to competing 1934, as amended. local time (A.l.t.), September 3, 2015,
provider effective competition pursuant Total Annual Burden: 130 hours. through 2400 hours, A.l.t., December 31,
to section 76.905(b)(2). The franchising Total Annual Cost: None. 2015.
authority bears the burden of submitting Privacy Act Impact Assessment: No
evidence rebutting the presumption that FOR FURTHER INFORMATION CONTACT:
impact(s).
competing provider effective Nature and Extent of Confidentiality: Obren Davis, 907–586–7228.
competition, as defined in section There is no need for confidentiality with SUPPLEMENTARY INFORMATION: NMFS
76.905(b)(2), exists in the franchise area. this collection of information. manages the groundfish fishery in the
Unless a franchising authority has Needs and Uses: On June 3, 2015, the GOA exclusive economic zone
actual knowledge to the contrary, it may Commission released a Report and according to the Fishery Management
rely on the presumption in section Order, MB Docket No. 15–53; FCC 15– Plan for Groundfish of the Gulf of
76.906 that the cable system is not 62. The Report and Order adopted a Alaska (FMP) prepared by the North
subject to one of the other three types rebuttable presumption that cable Pacific Fishery Management Council
of effective competition. operators are subject to competing under authority of the Magnuson-
Evidence establishing lack of effective provider effective competition. Stevens Fishery Conservation and
competition. If the evidence establishing Reversing the previous rebuttable Management Act. Regulations governing
the lack of effective competition is not presumption of no effective competition fishing by U.S. vessels in accordance
otherwise available, section 76.910(b)(4) and adopting the procedures discussed with the FMP appear at subpart H of 50
provides that franchising authorities in the Report and Order will result in CFR part 600 and 50 CFR part 679.
may request from a multichannel video changes to the information collection The 2015 total allowable catch (TAC)
programming distributor (‘‘MVPD’’) burdens. of dusky rockfish in the Western
information regarding the MVPD’s reach The information collection Regulatory Area of the GOA is 296
and number of subscribers. An MVPD requirements consist of: Petitions for metric tons (mt) as established by the
must respond to such request within 15 reconsideration of certification, final 2015 and 2016 harvest
days. Such responses may be limited to oppositions and replies thereto, cable specifications for groundfish of the Gulf
numerical totals. operator requests to competitors for of Alaska (80 FR 10250, February 25,
Lhorne on DSK5TPTVN1PROD with RULES

Franchising authority’s obligations if information regarding the competitor’s 2015).
certified. Section 76.910(e) of the reach and number of subscribers if In accordance with § 679.20(d)(1)(i),
Commission’s rules currently provides evidence establishing effective the Administrator, Alaska Region,
that, unless the Commission notifies the competition is not otherwise available, NMFS (Regional Administrator), has
franchising authority otherwise, the and the competitors supplying this determined that the 2015 TAC of dusky
certification will become effective 30 information. rockfish in the Western Regulatory Area

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54254 Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations

of the GOA will soon be reached. DEPARTMENT OF COMMERCE anticipated groundfish fisheries. In
Therefore, the Regional Administrator is accordance with § 679.20(d)(1)(iii), the
establishing a directed fishing National Oceanic and Atmospheric Regional Administrator finds that this
allowance of 50 mt, and is setting aside Administration directed fishing allowance has been
the remaining 246 mt as bycatch to reached. Consequently, NMFS is
support other anticipated groundfish 50 CFR Part 679 prohibiting directed fishing for Pacific
fisheries. In accordance with [Docket No. 140918791–4999–02] ocean perch in the Western Regulatory
§ 679.20(d)(1)(iii), the Regional Area of the GOA.
Administrator finds that this directed RIN 0648–XE168
After the effective date of this closure
fishing allowance has been reached. the maximum retainable amounts at
Fisheries of the Exclusive Economic
Consequently, NMFS is prohibiting § 679.20(e) and (f) apply at any time
Zone Off Alaska; Pacific Ocean Perch
directed fishing for dusky rockfish in in the Western Regulatory Area of the during a trip.
the Western Regulatory Area of the Gulf of Alaska
GOA. Classification
After the effective date of this closure AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and This action responds to the best
the maximum retainable amounts at available information recently obtained
Atmospheric Administration (NOAA),
§ 679.20(e) and (f) apply at any time from the fishery. The Assistant
Commerce.
during a trip. Administrator for Fisheries, NOAA
ACTION: Temporary rule; closure.
Classification (AA), finds good cause to waive the
SUMMARY: NMFS is prohibiting directed requirement to provide prior notice and
This action responds to the best fishing for Pacific ocean perch in the opportunity for public comment
available information recently obtained Western Regulatory Area of the Gulf of pursuant to the authority set forth at 5
from the fishery. The Assistant Alaska (GOA). This action is necessary U.S.C. 553(b)(B) as such requirement is
Administrator for Fisheries, NOAA to prevent exceeding the 2015 total impracticable and contrary to the public
(AA), finds good cause to waive the allowable catch of Pacific ocean perch interest. This requirement is
requirement to provide prior notice and in the Western Regulatory Area of the impracticable and contrary to the public
opportunity for public comment GOA. interest as it would prevent NMFS from
pursuant to the authority set forth at 5 DATES: Effective 1200 hours, Alaska responding to the most recent fisheries
U.S.C. 553(b)(B) as such requirement is local time (A.l.t.), September 3, 2015, data in a timely fashion and would
impracticable and contrary to the public through 2400 hours, A.l.t., December 31, delay the closure of directed fishing for
interest. This requirement is 2015. Pacific ocean perch in the Western
impracticable and contrary to the public FOR FURTHER INFORMATION CONTACT: Regulatory Area of the GOA. NMFS was
interest as it would prevent NMFS from Obren Davis, 907–586–7228. unable to publish a notice providing
responding to the most recent fisheries SUPPLEMENTARY INFORMATION: NMFS
time for public comment because the
data in a timely fashion and would manages the groundfish fishery in the most recent, relevant data only became
delay the closure of directed fishing for GOA exclusive economic zone available as of September 2, 2015.
dusky rockfish in the Western according to the Fishery Management The AA also finds good cause to
Regulatory Area of the GOA. NMFS was Plan for Groundfish of the Gulf of waive the 30-day delay in the effective
unable to publish a notice providing Alaska (FMP) prepared by the North date of this action under 5 U.S.C.
time for public comment because the Pacific Fishery Management Council 553(d)(3). This finding is based upon
most recent, relevant data only became under authority of the Magnuson- the reasons provided above for waiver of
available as of September 2, 2015. Stevens Fishery Conservation and prior notice and opportunity for public
The AA also finds good cause to Management Act. Regulations governing comment.
waive the 30-day delay in the effective fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50 This action is required by § 679.20
date of this action under 5 U.S.C. and is exempt from review under
553(d)(3). This finding is based upon CFR part 600 and 50 CFR part 679.
The 2015 total allowable catch (TAC) Executive Order 12866.
the reasons provided above for waiver of
prior notice and opportunity for public of Pacific ocean perch in the Western Authority: 16 U.S.C. 1801 et seq.
Regulatory Area of the GOA is 2,302 Dated: September 3, 2015.
comment.
metric tons (mt) as established by the
This action is required by § 679.20 Jennifer M. Wallace,
final 2015 and 2016 harvest
and is exempt from review under specifications for groundfish of the Gulf Acting Director, Office of Sustainable
Executive Order 12866. of Alaska (80 FR 10250, February 25, Fisheries, National Marine Fisheries Service.
2015). [FR Doc. 2015–22639 Filed 9–3–15; 4:15 pm]
Authority: 16 U.S.C. 1801 et seq.
In accordance with § 679.20(d)(1)(i) BILLING CODE 3510–22–P
Dated: September 3, 2015. and (ii)(B), the Administrator, Alaska
Jennifer M. Wallace, Region, NMFS (Regional Administrator),
Acting Director, Office of Sustainable has determined that the 2015 TAC of
Fisheries, National Marine Fisheries Service. Pacific ocean perch in the Western
[FR Doc. 2015–22641 Filed 9–3–15; 4:15 pm] Regulatory Area of the GOA will be
Lhorne on DSK5TPTVN1PROD with RULES

BILLING CODE 3510–22–P taken as incidental catch in directed
fisheries for other species. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 102 mt, and is setting aside
2,200 mt as bycatch to support other

VerDate Sep<11>2014 14:17 Sep 08, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\09SER1.SGM 09SER1

Document Created: 2015-12-15 09:53:29
Document Modified: 2015-12-15 09:53:29

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 hours, Alaska local time (A.l.t.), September 3, 2015, through 2400 hours, A.l.t., December 31, 2015.
Contact		Obren Davis, 907-586-7228.
FR Citation		80 FR 54253
RIN Number		0648-XE16

80 FR 54253 - Fisheries of the Exclusive Economic Zone Off Alaska; Dusky Rockfish in the Western Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 174 (September 9, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration