81 FR 13288 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 49 (March 14, 2016)

NMFS is opening directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2016 total allowable catch of Pacific cod apportioned to vessels using pot gear in the Central Regulatory Area of the GOA.

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13288-13289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05679]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140918791-4999-02]
RIN 0648-XE496


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Central Regulatory Area of the Gulf of Alaska

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

ACTION: Temporary rule; opening; request for comments.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by vessels 
using pot gear in the Central Regulatory Area of the Gulf of Alaska 
(GOA). This action is necessary to fully use the A season allowance of 
the 2016 total allowable catch of Pacific cod apportioned to vessels 
using pot gear in the Central Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 12, 
2016, through 1200 hours, A.l.t., June 10, 2016.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., March 29, 2016.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number 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: Address 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: 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 A season allowance of the 2016 Pacific cod total allowable 
catch (TAC) apportioned to vessels using pot gear in the Central 
Regulatory Area of the GOA is 6,528 metric tons (mt), as established by 
the final 2015 and 2016 harvest specifications for groundfish of the 
GOA (80 FR 10250, February 25, 2015) and inseason adjustment (81 FR 
188, January 5, 2016).
    NMFS closed directed fishing for Pacific cod by vessels using pot 
gear in the Central Regulatory Area of the GOA under Sec.  
679.20(d)(1)(iii) on February 1, 2016 (81 FR 5628, February 3, 2016).
    As of March 8, 2016, NMFS has determined that approximately 525 
metric tons of Pacific cod remain in the A season directed fishing 
allowance for Pacific cod apportioned to vessels using pot gear in the 
Central Regulatory Area of the GOA. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the A season allowance of the 2016 TAC of Pacific cod in the Central 
Regulatory Area of the GOA, NMFS is terminating the previous closure 
and is reopening directed fishing for Pacific cod by vessels using pot 
gear in the Central Regulatory Area of the GOA. The Administrator, 
Alaska Region (Regional Administrator) considered the following factors 
in reaching this decision: (1) The current catch of Pacific cod in the 
Central Regulatory Area of the GOA 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 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 in the 
Central 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 March 8, 2016.
    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 vessels using pot gear in the Central 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 March 29, 2016.
    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.


[[Page 13289]]


    Dated: March 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05679 Filed 3-9-16; 4:15 pm]
 BILLING CODE 3510-22-P