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)

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, 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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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