81_FR_15042 81 FR 14988 - Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

81 FR 14988 - Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

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

Page Range14988-14988
FR Document2016-06295

NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the first seasonal apportionment of the Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached.

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016)
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Rules and Regulations]
[Page 14988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140918791-4999-02]
RIN 0648-XE516


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery by Vessels Using Trawl Gear in 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 species that comprise 
the deep-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA). This action is necessary because the first seasonal 
apportionment of the Pacific halibut bycatch allowance specified for 
the deep-water species fishery in the GOA has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 16, 
2016, through 1200 hours, A.l.t., April 1, 2016.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 first seasonal apportionment of the Pacific halibut bycatch 
allowance specified for the deep-water species fishery in the GOA is 85 
metric tons as established by the final 2015 and 2016 harvest 
specifications for groundfish of 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 Sec.  679.21(d)(6)(i), the Administrator, Alaska 
Region, NMFS, has determined that the first 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 species fishery by 
vessels using trawl gear in the GOA. The species and species groups 
that comprise the deep-water species fishery include sablefish, 
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder.
    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 the deep-water species fishery by vessels 
using trawl gear in 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 14, 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.
    This action is required by Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 16, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-06295 Filed 3-16-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                           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 01:00:52
Document Modified: 2016-03-19 01:00:52
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; closure.
DatesEffective 1200 hours, Alaska local time (A.l.t.), March 16, 2016, through 1200 hours, A.l.t., April 1, 2016.
ContactJosh Keaton, 907-586-7228.
FR Citation81 FR 14988 
RIN Number0648-XE51

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