80_FR_54615 80 FR 54440 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska

80 FR 54440 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 175 (September 10, 2015)

Page Range54440-54441
FR Document2015-22783

NMFS is opening directed fishing for Pacific cod by catcher/ processors using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the 2015 total allowable catch apportioned to catcher/processors using trawl gear in the Western Regulatory Area of the GOA.

Federal Register, Volume 80 Issue 175 (Thursday, September 10, 2015) 
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Rules and Regulations]
[Pages 54440-54441]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22783]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140918791-4999-02]
RIN 0648-XE174


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processors Using Trawl Gear 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher/
processors using trawl gear in the Western Regulatory Area of the Gulf 
of Alaska (GOA). This action is necessary to fully use the 2015 total 
allowable catch apportioned to catcher/processors using trawl gear in 
the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 6, 
2015, through 1200 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., 
September 21, 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 
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).

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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    NMFS closed directed fishing for Pacific cod by catcher/processors 
using trawl gear in the Western Regulatory Area of the GOA under Sec.  
679.20(d)(1)(iii) on January 1 pursuant to the final 2015 and 2016 
harvest specifications for groundfish of the Gulf of Alaska (80 FR 
10250, February 25, 2015).
    NMFS has determined that as of September 2, 2015, approximately 463 
metric tons of Pacific cod remain in the 2015 Pacific cod apportionment 
for catcher/processors using trawl gear in the Western Regulatory Area 
of the GOA. Therefore, in accordance with

[[Page 54441]]

Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 
use the 2015 total allowable catch (TAC) of Pacific cod in the Western 
Regulatory Area of the GOA, NMFS is terminating the previous closure 
and is opening directed fishing for Pacific cod by catcher/processors 
using trawl gear in the Western Regulatory Area of the GOA. The 
Administrator, Alaska Region, NMFS, (Regional Administrator) considered 
the following factors in reaching this decision: (1) The current catch 
of Pacific cod by catcher/processors using trawl gear in the Western 
Regulatory Area of the GOA and, (2) the harvest capacity and stated 
intent on future harvesting patterns of vessels participating in this 
fishery.

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 opening of directed fishing for Pacific cod by catcher/
processors using trawl gear in the Western Regulatory Area of the GOA. 
NMFS was unable to publish notification 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher/processors using trawl gear in the Western 
Regulatory Area 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 September 21, 2015.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 4, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-22783 Filed 9-4-15; 4:15 pm]
BILLING CODE 3510-22-P

54440 Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Rules and Regulations see §§ 173.56, 173.124, 173.128, and perform a function for which prior NMFS–2014–0118, by any of the 173.168(a)); authorization by the Associate following methods: (2) A ‘‘RIN’’ (requalification identification Administrator is required under • Electronic Submission: Submit all number) to uniquely identify a cylinder subchapter C of this chapter (49 CFR electronic public comments via the requalification, repair, or rebuilding facility (see § 180.203); parts 171 through 180). Federal e-Rulemaking Portal. Go to (3) A ‘‘VIN’’ (visual identification number) * * * * * www.regulations.gov/ to uniquely identify a facility that performs Special permit means a document #!docketDetail;D=NOAA-NMFS-2014- an internal or external visual inspection, or issued by the Associate Administrator, 0118, click the ‘‘Comment Now!’’ icon, both, of a cylinder in conformance with 49 the Associate Administrator’s designee, complete the required fields, and enter CFR part 180, subpart C, or applicable CGA or as otherwise prescribed in the HMR, or attach your comments. Pamphlet or HMR provision; under the authority of 49 U.S.C. 5117 • Mail: Submit written comments to (4) An ‘‘M’’ number for identifying Glenn Merrill, Assistant Regional packaging manufacturers (see § 178.3); or permitting a person to perform a (5) A ‘‘CA’’ (competent authority) for function that is not otherwise permitted Administrator, Sustainable Fisheries general approvals (see §§ 107.705, 173.185, under subchapter A or C of this chapter, Division, Alaska Region NMFS, Attn: and 173.230). or other regulations issued under 49 Ellen Sebastian. Mail comments to P.O. (c) Denial. An application for a special U.S.C. 5101 et seq. (e.g., Federal Motor Box 21668, Juneau, AK 99802–1668. permit or approval may be denied in whole Carrier Safety routing requirements). Instructions: Comments sent by any or in part. For example, if an application other method, to any other address or contains sufficient information to * * * * * individual, or received after the end of successfully complete its technical review Issued in Washington, DC, on September 2, the comment period, may not be but the Associate Administrator determines 2015, under the authority delegated in 49 considered by NMFS. All comments the applicant is unfit, the application will be CFR part 1.97. denied. If an application for a special permit received are a part of the public record Marie Therese Dominguez, and will generally be posted for public or an approval is denied, PHMSA provides Administrator, Pipeline and Hazardous viewing on www.regulations.gov the applicant with a brief statement, in Materials Safety Administration. without change. All personal identifying writing, of the reasons for denial and the opportunity to request reconsideration (see [FR Doc. 2015–22617 Filed 9–9–15; 8:45 am] information (e.g., name, address), §§ 107.113(g), 107.402, and 107.709(f)). BILLING CODE 4910–60–P confidential business information, or (d) Reconsideration and Appeal. (1) otherwise sensitive information Special Permit. If an application for a special submitted voluntarily by the sender will permit is denied, the applicant may request DEPARTMENT OF COMMERCE be publicly accessible. NMFS will reconsideration as provided in § 107.123 and, if the reconsideration is denied, may appeal accept anonymous comments (enter ‘‘N/ National Oceanic and Atmospheric A’’ in the required fields if you wish to as provided in § 107.125. Applicants Administration remain anonymous). submitting special permit reconsiderations and appeals must do so in the same manner FOR FURTHER INFORMATION CONTACT: as new applications, provided the new 50 CFR Part 679 Obren Davis, 907–586–7228. submission is sufficiently complete to make [Docket No. 140918791–4999–02] SUPPLEMENTARY INFORMATION: NMFS a determination. (2) Approval. If an application for an RIN 0648–XE174 manages the groundfish fishery in the approval is denied, the applicant may request GOA exclusive economic zone reconsideration as provided in § 107.715 and, Fisheries of the Exclusive Economic according to the Fishery Management if the reconsideration is denied, may appeal Zone Off Alaska; Pacific Cod by Plan for Groundfish of the Gulf of as provided in § 107.717. Applicants Catcher/Processors Using Trawl Gear Alaska (FMP) prepared by the North submitting approval reconsiderations and in the Western Regulatory Area of the Pacific Fishery Management Council appeals must do so in the same manner as Gulf of Alaska under authority of the Magnuson- new applications, provided the new Stevens Fishery Conservation and submission is sufficiently complete to make AGENCY: National Marine Fisheries Management Act. Regulations governing a determination. Service (NMFS), National Oceanic and fishing by U.S. vessels in accordance Atmospheric Administration (NOAA), with the FMP appear at subpart H of 50 PART 171—GENERAL INFORMATION, Commerce. REGULATIONS, AND DEFINITIONS CFR part 600 and 50 CFR part 679. ACTION: Temporary rule; modification of Regulations governing sideboard ■ 10. The authority citation for part 171 a closure. protections for GOA groundfish is revised to read as follows: fisheries appear at subpart B of 50 CFR SUMMARY: NMFS is opening directed part 680. Authority: 49 U.S.C. 5101–5128, 44701; fishing for Pacific cod by catcher/ Pub. L. 101–410, section 4 (28 U.S.C. 2461 NMFS closed directed fishing for processors using trawl gear in the Pacific cod by catcher/processors using note); Pub. L. 104–121, sections 212–213; Pub. L. 104–134, section 31001; 49 CFR 1.81 Western Regulatory Area of the Gulf of trawl gear in the Western Regulatory and 1.97. Alaska (GOA). This action is necessary Area of the GOA under to fully use the 2015 total allowable § 679.20(d)(1)(iii) on January 1 pursuant ■ 11. In § 171.8, the definitions for catch apportioned to catcher/processors ‘‘approval,’’ and ‘‘special permit’’ are to the final 2015 and 2016 harvest using trawl gear in the Western specifications for groundfish of the Gulf revised to read as follows: Regulatory Area of the GOA. of Alaska (80 FR 10250, February 25, § 171.8 Definitions and abbreviations. DATES: Effective 1200 hours, Alaska 2015). local time (A.l.t.), September 6, 2015, NMFS has determined that as of rmajette on DSK2VPTVN1PROD with RULES * * * * * Approval means a written through 1200 hours, A.l.t., December 31, September 2, 2015, approximately 463 authorization, including a competent 2015. Comments must be received at the metric tons of Pacific cod remain in the authority approval, issued by the following address no later than 4:30 2015 Pacific cod apportionment for Associate Administrator, the Associate p.m., A.l.t., September 21, 2015. catcher/processors using trawl gear in Administrator’s designee, or as ADDRESSES: You may submit comments the Western Regulatory Area of the otherwise prescribed in the HMR, to on this document, identified by NOAA– GOA. Therefore, in accordance with VerDate Sep<11>2014 14:38 Sep 09, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\10SER1.SGM 10SER1

Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Rules and Regulations 54441 § 679.25(a)(1)(i), (a)(2)(i)(C), and (AA), finds good cause to waive the prior notice and opportunity for public (a)(2)(iii)(D), and to fully use the 2015 requirement to provide prior notice and comment. total allowable catch (TAC) of Pacific opportunity for public comment Without this inseason adjustment, cod in the Western Regulatory Area of pursuant to the authority set forth at 5 NMFS could not allow the fishery for the GOA, NMFS is terminating the U.S.C. 553(b)(B) as such requirement is Pacific cod by catcher/processors using previous closure and is opening impracticable and contrary to the public trawl gear in the Western Regulatory directed fishing for Pacific cod by interest. This requirement is Area of the GOA to be harvested in an catcher/processors using trawl gear in impracticable and contrary to the public expedient manner and in accordance the Western Regulatory Area of the interest as it would prevent NMFS from with the regulatory schedule. Under GOA. The Administrator, Alaska responding to the most recent fisheries § 679.25(c)(2), interested persons are Region, NMFS, (Regional Administrator) data in a timely fashion and would invited to submit written comments on considered the following factors in delay the opening of directed fishing for this action to the above address until reaching this decision: (1) The current Pacific cod by catcher/processors using September 21, 2015. catch of Pacific cod by catcher/ trawl gear in the Western Regulatory processors using trawl gear in the This action is required by § 679.25 Area of the GOA. NMFS was unable to and is exempt from review under Western Regulatory Area of the GOA publish notification providing time for and, (2) the harvest capacity and stated Executive Order 12866. public comment because the most intent on future harvesting patterns of recent, relevant data only became Authority: 16 U.S.C. 1801 et seq. vessels participating in this fishery. available as of September 2, 2015. Dated: September 4, 2015. Classification The AA also finds good cause to Jennifer M. Wallace, This action responds to the best waive the 30-day delay in the effective Acting Director, Office of Sustainable available information recently obtained date of this action under 5 U.S.C. Fisheries, National Marine Fisheries Service. from the fishery. The Assistant 553(d)(3). This finding is based upon [FR Doc. 2015–22783 Filed 9–4–15; 4:15 pm] Administrator for Fisheries, NOAA the reasons provided above for waiver of BILLING CODE 3510–22–P rmajette on DSK2VPTVN1PROD with RULES VerDate Sep<11>2014 14:38 Sep 09, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 E:\FR\FM\10SER1.SGM 10SER1


Document Created: 2015-12-15 10:04:26
Document Modified: 2015-12-15 10:04:26
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 a closure.
DatesEffective 1200 hours, Alaska local time (A.l.t.), September 6, 2015, through 1200 hours, A.l.t., December 31, 2015. Comments must be
ContactObren Davis, 907-586-7228.
FR Citation80 FR 54440 
RIN Number0648-XE17
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