81_FR_15040 81 FR 14986 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment of Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits

81 FR 14986 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment of Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 54 (March 21, 2016)

Page Range14986-14988
FR Document2016-06306

This action transfers unused quota of Georges Bank and Southern New England/Mid-Atlantic yellowtail flounder from the Atlantic scallop fishery to the Northeast multispecies fishery for the remainder of the 2015 fishing year. This quota transfer is justified when the scallop fishery is not expected to catch the entire allocation of either stock of yellowtail flounder. The quota transfer is intended to provide additional harvest opportunities for groundfish vessels to help achieve the optimum yield for these stocks while ensuring sufficient amounts of yellowtail flounder are available for the scallop fishery.

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016)
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Rules and Regulations]
[Pages 14986-14988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06306]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160202070-6070-01]
RIN 0648-XE427


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Adjustment of Georges Bank and Southern New 
England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits

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

ACTION: Temporary rule; adjustment of annual catch limits.

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

SUMMARY: This action transfers unused quota of Georges Bank and 
Southern New England/Mid-Atlantic yellowtail flounder from the Atlantic 
scallop fishery to the Northeast multispecies fishery for the remainder 
of the 2015 fishing year. This quota transfer is justified when the 
scallop fishery is not expected to catch the entire allocation of 
either stock of yellowtail flounder. The quota transfer is intended to 
provide additional harvest opportunities for groundfish vessels to help 
achieve the optimum yield for these stocks while ensuring sufficient 
amounts of yellowtail flounder are available for the scallop fishery.

DATES: Effective April 18, 2016, through April 30, 2016.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
978-281-9195.

SUPPLEMENTARY INFORMATION: NMFS is required to estimate the total 
amount of

[[Page 14987]]

yellowtail flounder catch from the scallop fishery by January 15 each 
year. If the scallop fishery is expected to catch less than 90 percent 
of its Georges Bank (GB) or Southern New England/Mid-Atlantic (SNE/MA) 
yellowtail flounder sub-ACL, the Regional Administrator (RA) has the 
authority to reduce the scallop fishery sub-annual catch limit (sub-
ACL) for these stocks to the amount projected to be caught, and 
increase the groundfish fishery sub-ACL for these stocks up to the 
amount reduced from the scallop fishery. This adjustment is intended to 
help achieve optimum yield for these stocks, while not threatening an 
overage of the ACLs for the stocks by the groundfish and scallop 
fisheries.
    Based on the most current available data, we project that the 
scallop fishery will have unused quota in the 2015 fishing year. We 
expect that the scallop fishery will catch up to 30 mt of GB yellowtail 
flounder, or 79 percent of its 2015 fishing year sub-ACL, and up to 44 
mt of SNE/MA yellowtail flounder, or 66 percent of its 2015 fishing 
year sub-ACL. Because the scallop fishery is not expected to catch its 
entire allocation of GB and SNE/MA yellowtail flounder, this rule 
reduces the scallop sub-ACL for both stocks to the upper limit 
projected to be caught, and increases the groundfish sub-ACLs for these 
stocks by the same amount, effective April 18, 2016, through April 30, 
2016.
    This results in a transfer of 7.9 mt of GB yellowtail flounder and 
22.3 mt of SNE/MA yellowtail flounder, from the scallop fishery to the 
groundfish fishery. Table 1 summarizes the revisions to the 2015 
fishing year sub-ACLs, and Table 2 shows the revised allocations for 
the groundfish fishery as allocated between the sectors and common pool 
based on final sector membership for fishing year 2015. This transfer 
is based on the upper limit of expected yellowtail flounder catch by 
the scallop fishery, which is expected to minimize any risk of an ACL 
overage by the scallop fishery while still providing additional fishing 
opportunities for groundfish vessels.

                                Table 1--Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Sub-ACLs
                                                                    [In metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Initial sub-                    Revised sub-
                     Stock                                       Fishery                     ACL (mt)       Change (mt)      ACL (mt)     Percent change
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Yellowtail Flounder.........................  Groundfish.............................             195            +7.9           202.9              +4
                                                 Scallop................................            38.0            -7.9            30.1             -21
SNE/MA Yellowtail Flounder.....................  Groundfish.............................             557           +22.3           579.3              +4
                                                 Scallop................................            66.0           -22.3            43.7             -34
--------------------------------------------------------------------------------------------------------------------------------------------------------


                              Table 2--Allocations for Sectors and the Common Pool
                                                   [In pounds]
----------------------------------------------------------------------------------------------------------------
                      Stock                           GB yellowtail flounder        SNE/MA yellowtail flounder
----------------------------------------------------------------------------------------------------------------
                   Sector name                       Original         Revised        Original         Revised
----------------------------------------------------------------------------------------------------------------
Fixed Gear Sector...............................              60              63           4,537           4,719
Maine Coast Community Sector....................              15              16           8,095           8,419
Maine Permit Bank...............................              59              62             390             405
Northeast Coast Communities Sector..............           3,594           3,739           8,826           9,179
Northeast Fishery Sector I......................               0               0               0               0
Northeast Fishery Sector II.....................           8,197           8,529          17,162          17,849
Northeast Fishery Sector III....................             197             205           5,014           5,214
Northeast Fishery Sector IV.....................           9,296           9,672          28,813          29,966
Northeast Fishery Sector V......................           5,420           5,639         253,651         263,807
Northeast Fishery Sector VI.....................          11,622          12,093          64,600          67,186
Northeast Fishery Sector VII....................          44,912          46,732          53,151          55,279
Northeast Fishery Sector VIII...................          41,896          43,593          66,703          69,374
Northeast Fishery Sector IX.....................         115,114         119,778          96,962         100,844
Northeast Fishery Sector X......................               7               7           6,724           6,993
Northeast Fishery Sector XI.....................               7               7             240             249
Northeast Fishery Sector XIII...................         106,377         110,687         228,053         237,183
New Hampshire Permit Bank.......................               0               0               0               0
Sustainable Harvest Sector 1....................           3,974           4,135           5,343           5,557
Sustainable Harvest Sector 3....................          70,954          73,828         127,312         132,409
All Sectors Combined............................         421,701         438,785         975,574       1,014,632
Common Pool.....................................           8,200           8,533         252,401         262,506
----------------------------------------------------------------------------------------------------------------

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the NMFS Assistant Administrator has 
determined that the management measures implemented in this final rule 
are necessary for the conservation and management of the Northeast 
multispecies fishery and consistent with the Magnuson-Stevens Act, and 
other applicable law.
    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The NMFS Assistant Administrator finds good cause pursuant to 5 
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public 
comment for this in season sub-ACL adjustment because notice and 
comment would be impracticable and contrary to the public interest. 
Because NMFS is required to project GB and SNE/MA yellowtail flounder 
catch in the scallop fishery on or around January 15 of each year, 
there

[[Page 14988]]

is insufficient time to allow for prior public notice and comment for 
the transfer of quota for these yellowtail flounder stocks from the 
scallop fishery to the groundfish fishery. The NE multispecies fishing 
year ends on April 30, 2016. If NMFS allowed for the time necessary to 
provide for prior notice and comment, it would be unlikely that the 
transfer would occur in time to allow groundfish vessels to harvest the 
additional quota of these stocks before the end of the fishing year. As 
a result, groundfish fishermen would be prevented from offsetting their 
current negative economic circumstances due to the severe decreases in 
ACLs of several important groundfish stocks, thus undermining the 
intent of the rule. Giving effect to this rule as soon as possible will 
help relieve fishermen from more restrictive ACLs for the yellowtail 
stocks and help achieve optimum yield in the fishery. For these same 
reasons, the NMFS Assistant Administrator also finds good cause 
pursuant to 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness for this action for these same reasons. Further, there is 
no need to allow the industry additional time to adjust to this rule 
because it does not require any compliance or other action on the part 
of individual scallop or groundfish fishermen.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and one has not been prepared.

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

    Dated: March 15, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-06306 Filed 3-18-16; 8:45 am]
BILLING CODE 3510-22-P



                                           14986              Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations

                                           new issues regarding quality of service                 applied to the smallest VRS providers,                currently in effect. Therefore, the
                                           and the viability of future competition                 i.e., those providing 500,000 or fewer                Commission certifies that the rule
                                           in the VRS market. To the extent                        compensable minutes of use of VRS per                 amendments in document FCC 16–25
                                           relevant, the Commission may address                    month. Spreading rate reductions over a               will not have a significant economic
                                           these comments when it completes                        four-year period was largely intended to              impact on a substantial number of small
                                           action on the broader VRS rulemaking                    provide a reasonable opportunity for the              entities.
                                           proposals.                                              smallest providers to reach minimum
                                              12. In summary, the Commission                                                                             Ordering Clause
                                                                                                   efficient scale while benefitting from the
                                           directs the TRS Fund administrator,                     VRS Reform Order initiatives, which                     Pursuant to the authority contained in
                                           Rolka Loube, to compensate the smallest                 were intended to address many of the                  sections 4(i), 201(b), and 225 of the
                                           VRS providers at a rate of $5.29 per                    issues that have made it difficult for                Communications Act of 1934, as
                                           minute, applicable from July 1, 2015,                   small providers to operate efficiently.               amended, 47 U.S.C. 154(i), 201(b), 225,
                                           through October 31, 2016. More                             15. The smallest providers have                    document FCC 16–25 is adopted.
                                           specifically, from the effective date of                achieved significant reductions in their                Federal Communications Commission.
                                           this Report and Order through October                   per-minute costs but have yet to                      Gloria J. Miles,
                                           31, 2016, the Commission directs the                    approach the size or efficiency levels of             Federal Register Liaison Officer, Office of the
                                           administrator to pay compensation to                    their larger rivals. Further, some small              Secretary.
                                           the smallest VRS providers at a rate of                 providers offer service features that may             [FR Doc. 2016–06305 Filed 3–18–16; 8:45 am]
                                           $5.29 per minute. Second, the                           be helpful in advancing the goal of
                                                                                                                                                         BILLING CODE 6712–01–P
                                           Commission directs the administrator to                 functionally equivalent service for
                                           pay each of the smallest VRS providers                  certain subsets of VRS consumers, such
                                           a one-time lump sum reflecting the                      as Spanish language speakers and deaf-
                                           difference between the compensation                     owned businesses. Therefore, the                      DEPARTMENT OF COMMERCE
                                           they would have received if they had                    Commission adopts the temporary,                      National Oceanic and Atmospheric
                                           been paid at a rate of $5.29 per minute                 limited compensation rate ‘‘freeze’’                  Administration
                                           and the compensation they actually                      proposed in the VRS Rate Freeze
                                           received at the lower applicable rates,                 FNPRM. Specifically, from the effective               50 CFR Part 648
                                           for all compensable calls completed                     date of document FCC 16–25 through
                                           during the period between July 1, 2015,                 October 31, 2016, the Commission                      [Docket No. 160202070–6070–01]
                                           and the effective date of document FCC                  directs the TRS Fund administrator to                 RIN 0648–XE427
                                           16–25. In addition, to avoid subjecting                 pay compensation to the three smallest
                                           the smallest VRS providers to a sudden                  VRS providers at a rate of $5.29 per                  Fisheries of the Northeastern United
                                           drop in compensation upon the                           minute. In addition, the Commission                   States; Northeast Multispecies
                                           expiration of the 16-month period, the                  directs the administrator to pay each of              Fishery; Adjustment of Georges Bank
                                           Commission directs the administrator to                 the smallest VRS providers a one-time                 and Southern New England/Mid-
                                           pay compensation to the smallest VRS                    lump sum reflecting the difference                    Atlantic Yellowtail Flounder Annual
                                           providers at a rate of $5.06 per minute                 between the compensation they would                   Catch Limits
                                           from November 1, 2016, through April                    have received if they had been paid at
                                           30, 2017, and at a rate of $4.82 per                    a rate of $5.29 per minute and the                    AGENCY:  National Marine Fisheries
                                           minute from May 1, 2017, through June                   compensation they actually received at                Service (NMFS), National Oceanic and
                                           30, 2017.                                               the lower applicable rates, for all                   Atmospheric Administration (NOAA),
                                                                                                   compensable calls completed during the                Commerce.
                                           Final Regulatory Flexibility Act                                                                              ACTION: Temporary rule; adjustment of
                                                                                                   period between July 1, 2015, and the
                                           Certification                                                                                                 annual catch limits.
                                                                                                   effective date of document FCC 16–25.
                                              13. As required by the Regulatory                    In addition, to avoid subjecting the
                                           Flexibility Act (RFA), the Commission                                                                         SUMMARY:   This action transfers unused
                                                                                                   smallest VRS providers to a sudden                    quota of Georges Bank and Southern
                                           has prepared the Final Regulatory                       drop in compensation upon the
                                           Flexibility Certification (FRFC) as to the                                                                    New England/Mid-Atlantic yellowtail
                                                                                                   expiration of the 16-month period, the                flounder from the Atlantic scallop
                                           policies and rules adopted in document                  Commission directs the administrator to
                                           FCC 16–25. The Commission will send                                                                           fishery to the Northeast multispecies
                                                                                                   pay compensation to the smallest VRS                  fishery for the remainder of the 2015
                                           a copy of document FCC 16–25,                           providers at a rate of $5.06 per minute
                                           including the FRFC, to the Chief                                                                              fishing year. This quota transfer is
                                                                                                   from November 1, 2016, through April                  justified when the scallop fishery is not
                                           Counsel for Advocacy of the Small                       30, 2017, and at a rate of $4.82 per
                                           Business Administration (SBA). (See 5                                                                         expected to catch the entire allocation of
                                                                                                   minute from May 1, 2017, through June                 either stock of yellowtail flounder. The
                                           U.S.C. 603(a).)                                         30, 2017.
                                              14. After consideration of the                                                                             quota transfer is intended to provide
                                                                                                      16. In document FCC 16–25, the
                                           comments received in response to the                                                                          additional harvest opportunities for
                                                                                                   Commission adopts its proposal to
                                           VRS Rate Freeze FNPRM, the                              temporarily ‘‘freeze’’ the compensation               groundfish vessels to help achieve the
                                           Commission modifies in part the four-                   rates applicable to the smallest VRS                  optimum yield for these stocks while
                                           year compensation rate plan for video                   providers and determines, as it                       ensuring sufficient amounts of
                                           relay service (VRS) adopted in the 2013                 concluded in the Initial Regulatory                   yellowtail flounder are available for the
                                           VRS Reform Order. Although the                          Flexibility Analysis, that this measure               scallop fishery.
                                           Commission believes that the four-year                  will not impose any additional                        DATES: Effective April 18, 2016, through
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                                           schedule of VRS compensation rate                       compliance requirements on small                      April 30, 2016.
                                           reductions continues to be justified in                 businesses and would temporarily ease                 FOR FURTHER INFORMATION CONTACT: Aja
                                           order to gradually move compensation                    the impact of existing VRS regulations                Szumylo, Fishery Policy Analyst, 978–
                                           rates close to a level close to average                 on small entities by temporarily                      281–9195.
                                           allowable provider costs, the                           increasing the VRS compensation rate                  SUPPLEMENTARY INFORMATION: NMFS is
                                           Commission modifies the schedule as                     for small entities above the rate                     required to estimate the total amount of


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                                                                    Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations                                                                 14987

                                           yellowtail flounder catch from the                                        Based on the most current available                            This results in a transfer of 7.9 mt of
                                           scallop fishery by January 15 each year.                               data, we project that the scallop fishery                      GB yellowtail flounder and 22.3 mt of
                                           If the scallop fishery is expected to                                  will have unused quota in the 2015                             SNE/MA yellowtail flounder, from the
                                           catch less than 90 percent of its Georges                              fishing year. We expect that the scallop                       scallop fishery to the groundfish fishery.
                                           Bank (GB) or Southern New England/                                     fishery will catch up to 30 mt of GB                           Table 1 summarizes the revisions to the
                                           Mid-Atlantic (SNE/MA) yellowtail                                       yellowtail flounder, or 79 percent of its                      2015 fishing year sub-ACLs, and Table
                                           flounder sub-ACL, the Regional                                         2015 fishing year sub-ACL, and up to 44                        2 shows the revised allocations for the
                                           Administrator (RA) has the authority to                                mt of SNE/MA yellowtail flounder, or                           groundfish fishery as allocated between
                                           reduce the scallop fishery sub-annual                                  66 percent of its 2015 fishing year sub-                       the sectors and common pool based on
                                           catch limit (sub-ACL) for these stocks to
                                                                                                                  ACL. Because the scallop fishery is not                        final sector membership for fishing year
                                           the amount projected to be caught, and
                                                                                                                  expected to catch its entire allocation of                     2015. This transfer is based on the
                                           increase the groundfish fishery sub-ACL
                                           for these stocks up to the amount                                      GB and SNE/MA yellowtail flounder,                             upper limit of expected yellowtail
                                           reduced from the scallop fishery. This                                 this rule reduces the scallop sub-ACL                          flounder catch by the scallop fishery,
                                           adjustment is intended to help achieve                                 for both stocks to the upper limit                             which is expected to minimize any risk
                                           optimum yield for these stocks, while                                  projected to be caught, and increases the                      of an ACL overage by the scallop fishery
                                           not threatening an overage of the ACLs                                 groundfish sub-ACLs for these stocks by                        while still providing additional fishing
                                           for the stocks by the groundfish and                                   the same amount, effective April 18,                           opportunities for groundfish vessels.
                                           scallop fisheries.                                                     2016, through April 30, 2016.

                                                      TABLE 1—GEORGES BANK AND SOUTHERN NEW ENGLAND/MID-ATLANTIC YELLOWTAIL FLOUNDER SUB-ACLS
                                                                                                                                         [In metric tons]

                                                                                                                                                                Initial                              Revised
                                                                                                                                                                                 Change                               Percent
                                                                                Stock                                                  Fishery                sub-ACL                                sub-ACL
                                                                                                                                                                                  (mt)                                change
                                                                                                                                                                 (mt)                                  (mt)

                                           GB Yellowtail Flounder .....................................................         Groundfish ........                     195            +7.9                202.9             +4
                                                                                                                                Scallop ..............                 38.0            ¥7.9                 30.1            ¥21
                                           SNE/MA Yellowtail Flounder .............................................             Groundfish ........                     557           +22.3                579.3             +4
                                                                                                                                Scallop ..............                 66.0           ¥22.3                 43.7            ¥34


                                                                                            TABLE 2—ALLOCATIONS FOR SECTORS AND THE COMMON POOL
                                                                                                                                           [In pounds]

                                                                                             Stock                                                                GB yellowtail flounder            SNE/MA yellowtail flounder

                                                                                        Sector name                                                           Original           Revised             Original        Revised

                                           Fixed Gear Sector ...........................................................................................                60                63              4,537            4,719
                                           Maine Coast Community Sector ......................................................................                          15                16              8,095            8,419
                                           Maine Permit Bank ..........................................................................................                 59                62                390              405
                                           Northeast Coast Communities Sector .............................................................                          3,594             3,739              8,826            9,179
                                           Northeast Fishery Sector I ...............................................................................                    0                 0                  0                0
                                           Northeast Fishery Sector II ..............................................................................                8,197             8,529             17,162           17,849
                                           Northeast Fishery Sector III .............................................................................                  197               205              5,014            5,214
                                           Northeast Fishery Sector IV ............................................................................                  9,296             9,672             28,813           29,966
                                           Northeast Fishery Sector V .............................................................................                  5,420             5,639            253,651          263,807
                                           Northeast Fishery Sector VI ............................................................................                 11,622            12,093             64,600           67,186
                                           Northeast Fishery Sector VII ...........................................................................                 44,912            46,732             53,151           55,279
                                           Northeast Fishery Sector VIII ..........................................................................                 41,896            43,593             66,703           69,374
                                           Northeast Fishery Sector IX ............................................................................                115,114           119,778             96,962          100,844
                                           Northeast Fishery Sector X .............................................................................                      7                 7              6,724            6,993
                                           Northeast Fishery Sector XI ............................................................................                      7                 7                240              249
                                           Northeast Fishery Sector XIII ..........................................................................                106,377           110,687            228,053          237,183
                                           New Hampshire Permit Bank ..........................................................................                          0                 0                  0                0
                                           Sustainable Harvest Sector 1 ..........................................................................                   3,974             4,135              5,343            5,557
                                           Sustainable Harvest Sector 3 ..........................................................................                  70,954            73,828            127,312          132,409
                                           All Sectors Combined ......................................................................................             421,701           438,785            975,574        1,014,632
                                           Common Pool ..................................................................................................            8,200             8,533            252,401          262,506



                                           Classification                                                         management of the Northeast                                    553(b)(B) to waive prior notice and the
                                                                                                                  multispecies fishery and consistent with                       opportunity for public comment for this
                                             Pursuant to section 304(b)(1)(A) of the                              the Magnuson-Stevens Act, and other                            in season sub-ACL adjustment because
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                                           Magnuson-Stevens Fishery                                               applicable law.                                                notice and comment would be
                                           Conservation and Management Act, the                                      This action is authorized by 50 CFR                         impracticable and contrary to the public
                                           NMFS Assistant Administrator has                                       part 648 and is exempt from review                             interest. Because NMFS is required to
                                           determined that the management                                         under Executive Order 12866.                                   project GB and SNE/MA yellowtail
                                           measures implemented in this final rule                                   The NMFS Assistant Administrator                            flounder catch in the scallop fishery on
                                           are necessary for the conservation and                                 finds good cause pursuant to 5 U.S.C.                          or around January 15 of each year, there


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                                           14988              Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations

                                           is insufficient time to allow for prior                 DEPARTMENT OF COMMERCE                                species fishery by vessels using trawl
                                           public notice and comment for the                                                                             gear in the GOA. The species and
                                           transfer of quota for these yellowtail                  National Oceanic and Atmospheric                      species groups that comprise the deep-
                                           flounder stocks from the scallop fishery                Administration                                        water species fishery include sablefish,
                                           to the groundfish fishery. The NE                                                                             rockfish, deep-water flatfish, rex sole,
                                           multispecies fishing year ends on April                 50 CFR Part 679                                       and arrowtooth flounder.
                                           30, 2016. If NMFS allowed for the time                  [Docket No. 140918791–4999–02]                          After the effective date of this closure
                                           necessary to provide for prior notice and                                                                     the maximum retainable amounts at
                                           comment, it would be unlikely that the                  RIN 0648–XE516
                                                                                                                                                         § 679.20(e) and (f) apply at any time
                                           transfer would occur in time to allow                                                                         during a trip.
                                                                                                   Fisheries of the Economic Exclusive
                                           groundfish vessels to harvest the
                                                                                                   Zone Off Alaska; Deep-Water Species                   Classification
                                           additional quota of these stocks before                 Fishery by Vessels Using Trawl Gear in
                                           the end of the fishing year. As a result,               the Gulf of Alaska                                       This action responds to the best
                                           groundfish fishermen would be
                                                                                                                                                         available information recently obtained
                                           prevented from offsetting their current                 AGENCY:  National Marine Fisheries
                                                                                                                                                         from the fishery. The Assistant
                                           negative economic circumstances due to                  Service (NMFS), National Oceanic and
                                                                                                   Atmospheric Administration (NOAA),                    Administrator for Fisheries, NOAA
                                           the severe decreases in ACLs of several
                                                                                                   Commerce.                                             (AA), finds good cause to waive the
                                           important groundfish stocks, thus
                                                                                                                                                         requirement to provide prior notice and
                                           undermining the intent of the rule.                     ACTION: Temporary rule; closure.
                                                                                                                                                         opportunity for public comment
                                           Giving effect to this rule as soon as
                                                                                                   SUMMARY:    NMFS is prohibiting directed              pursuant to the authority set forth at 5
                                           possible will help relieve fishermen
                                                                                                   fishing for species that comprise the                 U.S.C. 553(b)(B) as such requirement is
                                           from more restrictive ACLs for the
                                                                                                   deep-water species fishery by vessels                 impracticable and contrary to the public
                                           yellowtail stocks and help achieve
                                                                                                   using trawl gear in the Gulf of Alaska                interest. This requirement is
                                           optimum yield in the fishery. For these
                                                                                                   (GOA). This action is necessary because               impracticable and contrary to the public
                                           same reasons, the NMFS Assistant                        the first seasonal apportionment of the               interest as it would prevent NMFS from
                                           Administrator also finds good cause                     Pacific halibut bycatch allowance                     responding to the most recent fisheries
                                           pursuant to 5 U.S.C. 553(d)(3) to waive                 specified for the deep-water species                  data in a timely fashion and would
                                           the 30-day delay in effectiveness for this              fishery in the GOA has been reached.                  delay the closure of the deep-water
                                           action for these same reasons. Further,
                                                                                                   DATES: Effective 1200 hours, Alaska                   species fishery by vessels using trawl
                                           there is no need to allow the industry                  local time (A.l.t.), March 16, 2016,                  gear in the GOA. NMFS was unable to
                                           additional time to adjust to this rule                  through 1200 hours, A.l.t., April 1,                  publish a notice providing time for
                                           because it does not require any                         2016.                                                 public comment because the most
                                           compliance or other action on the part
                                                                                                   FOR FURTHER INFORMATION CONTACT:              Josh    recent, relevant data only became
                                           of individual scallop or groundfish
                                                                                                   Keaton, 907–586–7228.                                 available as of March 14, 2016.
                                           fishermen.
                                                                                                   SUPPLEMENTARY INFORMATION:     NMFS                      The AA also finds good cause to
                                              Because notice and opportunity for
                                                                                                   manages the groundfish fishery in the                 waive the 30-day delay in the effective
                                           comment are not required pursuant to 5
                                                                                                   GOA exclusive economic zone                           date of this action under 5 U.S.C.
                                           U.S.C. 553 or any other law, the                        according to the Fishery Management                   553(d)(3). This finding is based upon
                                           analytical requirements of the                          Plan for Groundfish of the Gulf of                    the reasons provided above for waiver of
                                           Regulatory Flexibility Act (5 U.S.C. 601                Alaska (FMP) prepared by the North                    prior notice and opportunity for public
                                           et seq.) are inapplicable. Therefore, a                 Pacific Fishery Management Council                    comment.
                                           regulatory flexibility analysis is not                  under authority of the Magnuson-
                                           required and one has not been prepared.                                                                          This action is required by § 679.21
                                                                                                   Stevens Fishery Conservation and
                                                                                                                                                         and is exempt from review under
                                              Authority: 16 U.S.C. 1801 et seq.                    Management Act. Regulations governing
                                                                                                   fishing by U.S. vessels in accordance                 Executive Order 12866.
                                             Dated: March 15, 2016.
                                                                                                   with the FMP appear at subpart H of 50                  Authority: 16 U.S.C. 1801 et seq.
                                           Samuel D. Rauch III,                                    CFR part 600 and 50 CFR part 679.                       Dated: March 16, 2016.
                                           Deputy Assistant Administrator for                         The first seasonal apportionment of
                                           Regulatory Programs, National Marine                                                                          Alan D. Risenhoover,
                                                                                                   the Pacific halibut bycatch allowance
                                           Fisheries Service.                                      specified for the deep-water species                  Director, Office of Sustainable Fisheries,
                                           [FR Doc. 2016–06306 Filed 3–18–16; 8:45 am]             fishery in the GOA is 85 metric tons as               National Marine Fisheries Service.
                                           BILLING CODE 3510–22–P                                  established by the final 2015 and 2016                [FR Doc. 2016–06295 Filed 3–16–16; 4:15 pm]
                                                                                                   harvest specifications for groundfish of              BILLING CODE 3510–22–P
                                                                                                   the GOA (80 FR 10250, February 25,
                                                                                                   2015), for the period 1200 hours, A.l.t.,
                                                                                                   January 20, 2016, through 1200 hours,
                                                                                                   A.l.t., April 1, 2016.
                                                                                                      In accordance with § 679.21(d)(6)(i),
                                                                                                   the Administrator, Alaska Region,
                                                                                                   NMFS, has determined that the first
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                   seasonal apportionment of the Pacific
                                                                                                   halibut bycatch allowance specified for
                                                                                                   the trawl deep-water species fishery in
                                                                                                   the GOA has been reached.
                                                                                                   Consequently, NMFS is prohibiting
                                                                                                   directed fishing for the deep-water


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Document Created: 2016-03-19 01:00:19
Document Modified: 2016-03-19 01:00:19
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; adjustment of annual catch limits.
DatesEffective April 18, 2016, through April 30, 2016.
ContactAja Szumylo, Fishery Policy Analyst, 978-281-9195.
FR Citation81 FR 14986 
RIN Number0648-XE42

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