81_FR_16154 81 FR 16096 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area

81 FR 16096 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range16096-16097
FR Document2016-06831

NMFS is prohibiting directed fishing for Pacific cod, except for the Community Development Quota program (CDQ), in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the non-CDQ allocation of the 2016 Pacific cod total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI.

Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016)
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 16096-16097]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06831]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE532


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands 
Management Area

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

ACTION: Temporary rule; closure.

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

SUMMARY: NMFS is prohibiting directed fishing for Pacific cod, except 
for the Community Development Quota program (CDQ), in the Aleutian 
Islands subarea of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the non-CDQ 
allocation of the 2016 Pacific cod total allowable catch (TAC) in the 
Aleutian Islands subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 22, 2016, 
through 2400 hrs, A.l.t., December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (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 non-CDQ allocation of the 2016 Pacific cod TAC in the Aleutian 
Islands subarea of the BSAI is 11,465 metric tons (mt) as established 
by the final 2016 and 2017 harvest specifications for groundfish in the 
BSAI (81 FR 14773, March 18, 2016). In accordance with Sec.  
679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined 
that the non-CDQ allocation of the 2016 Pacific cod TAC in the Aleutian 
Islands subarea of the BSAI will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
9,000 mt, and is setting aside the remaining 2,465 mt as

[[Page 16097]]

incidental catch in directed fishing for other species. In accordance 
with Sec.  679.20(d)(1)(iii), the Regional Administrator finds that 
this directed fishing allowance has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod in the Aleutian Islands 
subarea of the BSAI.
    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 directed fishing closure of non-CDQ Pacific cod in the 
Aleutian Islands subarea of the BSAI. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of March 21, 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-06831 Filed 3-22-16; 4:15 pm]
BILLING CODE 3510-22-P



                                                16096               Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations

                                                   On February 26, 2016 (81 FR 9786),                   Classification                                        DEPARTMENT OF COMMERCE
                                                NMFS published a temporary rule in the
                                                Federal Register to reduce the                            The Regional Administrator,                         National Oceanic and Atmospheric
                                                commercial trip limit for vermilion                     Southeast Region, NMFS, has                           Administration
                                                snapper in or from the EEZ of the South                 determined this temporary rule is
                                                Atlantic to 500 lb (227 kg), gutted                     necessary for the conservation and                    50 CFR Part 679
                                                weight, effective 12:01 a.m., local time,               management of South Atlantic
                                                                                                                                                              [Docket No. 150916863–6211–02]
                                                March 2, 2016, until July 1, 2016, or                   vermilion snapper and is consistent
                                                until the quota was reached and the                     with the Magnuson-Stevens Act and                     RIN 0648–XE532
                                                commercial sector closed, whichever                     other applicable laws.
                                                would occur first.                                                                                            Fisheries of the Exclusive Economic
                                                                                                          This action is taken under 50 CFR
                                                   In accordance with regulations at 50                                                                       Zone Off Alaska; Pacific Cod in the
                                                CFR 622.193(f)(1), NMFS is required to                  622.193(f)(1) and is exempt from review
                                                                                                                                                              Aleutian Islands Subarea of the Bering
                                                close the commercial sector for                         under Executive Order 12866.
                                                                                                                                                              Sea and Aleutian Islands Management
                                                vermilion snapper when the commercial                     This action responds to the best                    Area
                                                quota for that portion of the fishing year              scientific information available. The
                                                has been reached, or is projected to be                 Assistant Administrator for Fisheries,                AGENCY:  National Marine Fisheries
                                                reached, by filing a notification to that               NOAA (AA), finds that the need to                     Service (NMFS), National Oceanic and
                                                effect with the Office of the Federal                   immediately implement this action to                  Atmospheric Administration (NOAA),
                                                Register. NMFS has determined that the                                                                        Commerce.
                                                                                                        close the commercial sector for
                                                commercial quota for South Atlantic                     vermilion snapper constitutes good                    ACTION: Temporary rule; closure.
                                                vermilion snapper for the January                       cause to waive the requirements to
                                                through June fishing period will be                                                                           SUMMARY:   NMFS is prohibiting directed
                                                                                                        provide prior notice and opportunity for              fishing for Pacific cod, except for the
                                                reached by March 29, 2016.                              public comment pursuant to the
                                                Accordingly, the commercial sector for                                                                        Community Development Quota
                                                                                                        authority set forth in 5 U.S.C. 553(b)(B),            program (CDQ), in the Aleutian Islands
                                                South Atlantic vermilion snapper is
                                                                                                        as such procedures would be                           subarea of the Bering Sea and Aleutian
                                                closed effective 12:01 a.m., local time,
                                                                                                        unnecessary and contrary to the public                Islands management area (BSAI). This
                                                March 29, 2016, until 12:01 a.m., local
                                                time, July 1, 2016. The commercial                      interest. Such procedures would be                    action is necessary to prevent exceeding
                                                quota for vermilion snapper in the                      unnecessary because the rule itself has               the non-CDQ allocation of the 2016
                                                South Atlantic is 388,703 lb (176,313                   been subject to notice and comment,                   Pacific cod total allowable catch (TAC)
                                                kg), gutted weight (431,460 lb (195,707                 and all that remains is to notify the                 in the Aleutian Islands subarea of the
                                                kg), round weight), for the July 1                      public of the closure. Allowing prior                 BSAI.
                                                through December 31, 2016, fishing                      notice and opportunity for public                     DATES:  Effective 1200 hrs, Alaska local
                                                period, as specified in 50 CFR                          comment is contrary to the public                     time (A.l.t.), March 22, 2016, through
                                                622.190(a)(4)(ii)(D).                                   interest because of the need to                       2400 hrs, A.l.t., December 31, 2016.
                                                   The operator of a vessel with a valid                immediately implement this action to                  FOR FURTHER INFORMATION CONTACT: Josh
                                                commercial vessel permit for South                      protect vermilion snapper since the                   Keaton, 907–586–7269.
                                                Atlantic snapper-grouper having                         capacity of the fishing fleet allows for
                                                vermilion snapper on board must have                                                                          SUPPLEMENTARY INFORMATION: NMFS
                                                                                                        rapid harvest of the commercial quota.
                                                landed and bartered, traded, or sold                                                                          manages the groundfish fishery in the
                                                                                                        Prior notice and opportunity for public
                                                such vermilion snapper prior to 12:01                                                                         BSAI according to the Fishery
                                                                                                        comment would require time and could                  Management Plan for Groundfish of the
                                                a.m., local time, March 29, 2016. During                result in a harvest well in excess of the
                                                the closure, the bag limit specified in 50                                                                    Bering Sea and Aleutian Islands
                                                                                                        established commercial quota.                         Management Area (FMP) prepared by
                                                CFR 622.187(b)(5) and the possession
                                                limits specified in 50 CFR 622.187(c)(1),                 For the aforementioned reasons, the                 the North Pacific Fishery Management
                                                apply to all harvest or possession of                   AA also finds good cause to waive the                 Council under authority of the
                                                vermilion snapper in or from the South                  30-day delay in the effectiveness of this             Magnuson-Stevens Fishery
                                                Atlantic EEZ. During the closure, the                   action under 5 U.S.C. 553(d)(3).                      Conservation and Management Act.
                                                sale or purchase of vermilion snapper                                                                         Regulations governing fishing by U.S.
                                                                                                          Authority: 16 U.S.C. 1801 et seq.
                                                taken from the EEZ is prohibited. As                                                                          vessels in accordance with the FMP
                                                specified in 50 CFR 622.190(c)(1)(i), the                 Dated: March 21, 2016.                              appear at subpart H of 50 CFR part 600
                                                prohibition on sale or purchase does not                Emily H. Menashes,                                    and 50 CFR part 679.
                                                apply to the sale or purchase of                        Acting Director, Office of Sustainable                   The non-CDQ allocation of the 2016
                                                vermilion snapper that were harvested,                  Fisheries, National Marine Fisheries Service.         Pacific cod TAC in the Aleutian Islands
                                                landed ashore, and sold prior to 12:01                  [FR Doc. 2016–06737 Filed 3–22–16; 4:15 pm]           subarea of the BSAI is 11,465 metric
                                                a.m., local time, March 29, 2016, and                   BILLING CODE 3510–22–P
                                                                                                                                                              tons (mt) as established by the final
                                                were held in cold storage by a dealer or                                                                      2016 and 2017 harvest specifications for
                                                processor. For a person on board a                                                                            groundfish in the BSAI (81 FR 14773,
                                                vessel for which a Federal commercial                                                                         March 18, 2016). In accordance with
                                                or charter vessel/headboat permit for the                                                                     § 679.20(d)(1)(i), the Administrator,
                                                South Atlantic snapper-grouper fishery                                                                        Alaska Region, NMFS, has determined
jstallworth on DSK7TPTVN1PROD with RULES




                                                has been issued, the bag and possession                                                                       that the non-CDQ allocation of the 2016
                                                limits and the sale and purchase                                                                              Pacific cod TAC in the Aleutian Islands
                                                provisions of the commercial closure for                                                                      subarea of the BSAI will soon be
                                                vermilion snapper would apply                                                                                 reached. Therefore, the Regional
                                                regardless of whether the fish are                                                                            Administrator is establishing a directed
                                                harvested in state or Federal waters, as                                                                      fishing allowance of 9,000 mt, and is
                                                specified in 50 CFR 622.190(c)(1)(ii).                                                                        setting aside the remaining 2,465 mt as


                                           VerDate Sep<11>2014   12:26 Mar 24, 2016   Jkt 238001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\25MRR1.SGM   25MRR1


                                                                            Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations                                                               16097

                                                incidental catch in directed fishing for                                    DEPARTMENT OF COMMERCE                                        In the Aleutian Islands subarea, the
                                                other species. In accordance with                                                                                                      portion of the 2016 pollock total
                                                § 679.20(d)(1)(iii), the Regional                                           National Oceanic and Atmospheric                           allowable catch (TAC) allocated to the
                                                Administrator finds that this directed                                      Administration                                             Aleut Corporation’s directed fishing
                                                fishing allowance has been reached.                                                                                                    allowance (DFA) is 14,700 metric tons
                                                Consequently, NMFS is prohibiting                                           50 CFR Part 679                                            (mt) and the Community Development
                                                directed fishing for Pacific cod in the                                                                                                Quota (CDQ) is 1,900 mt as established
                                                                                                                            [Docket No. 150916863–6211–02]
                                                Aleutian Islands subarea of the BSAI.                                                                                                  by the final 2016 and 2017 harvest
                                                   After the effective date of this closure                                 RIN 0648–XE518                                             specifications for groundfish in the
                                                the maximum retainable amounts at
                                                                                                                                                                                       BSAI (81 FR 14773, March 18, 2016).
                                                § 679.20(e) and (f) apply at any time                                       Fisheries of the Exclusive Economic
                                                during a trip.                                                              Zone Off Alaska; Reallocation of                              As of March 18, 2016, the
                                                                                                                            Pollock in the Bering Sea and Aleutian                     Administrator, Alaska Region, NMFS,
                                                Classification
                                                                                                                            Islands                                                    (Regional Administrator) has
                                                   This action responds to the best                                                                                                    determined that 5,000 mt of Aleut
                                                available information recently obtained                                     AGENCY:  National Marine Fisheries                         Corporation’s DFA and 1,900 mt of
                                                from the fishery. The Assistant                                             Service (NMFS), National Oceanic and                       pollock CDQ in the Aleutian Islands
                                                Administrator for Fisheries, NOAA                                           Atmospheric Administration (NOAA),                         subarea will not be harvested.
                                                (AA), finds good cause to waive the                                         Commerce.
                                                                                                                                                                                       Therefore, in accordance with
                                                requirement to provide prior notice and                                     ACTION: Temporary rule.                                    § 679.20(a)(5)(iii)(B)(4), NMFS
                                                opportunity for public comment
                                                                                                                            SUMMARY:     NMFS is reallocating the                      reallocates 5,000 mt of Aleut
                                                pursuant to the authority set forth at 5
                                                                                                                            projected unused amounts of the Aleut                      Corporation’s DFA and 1,900 mt of
                                                U.S.C. 553(b)(B) as such requirement is
                                                impracticable and contrary to the public                                    Corporation’s pollock directed fishing                     pollock CDQ from the Aleutian Islands
                                                interest. This requirement is                                               allowance and the Community                                subarea to the 2016 Bering Sea subarea
                                                impracticable and contrary to the public                                    Development Quota from the Aleutian                        allocations. The 1,900 mt of pollock
                                                interest as it would prevent NMFS from                                      Islands subarea to the Bering Sea                          CDQ is added to the 2016 Bering Sea
                                                responding to the most recent fisheries                                     subarea directed fisheries. These actions                  CDQ DFA. The remaining 5,000 mt of
                                                data in a timely fashion and would                                          are necessary to provide opportunity for                   pollock is apportioned to the AFA
                                                delay the directed fishing closure of                                       harvest of the 2016 total allowable catch                  Inshore sector (50 percent), AFA
                                                non-CDQ Pacific cod in the Aleutian                                         of pollock, consistent with the goals and                  catcher/processor sector (40 percent),
                                                Islands subarea of the BSAI. NMFS was                                       objectives of the Fishery Management                       and the AFA mothership sector (10
                                                unable to publish a notice providing                                        Plan for Groundfish of the Bering Sea                      percent). The 2016 pollock incidental
                                                time for public comment because the                                         and Aleutian Islands Management Area.                      catch allowance remains at 48,240 mt.
                                                most recent, relevant data only became                                      DATES: Effective 1200 hrs, Alaska local                    As a result, the harvest specifications for
                                                available as of March 21, 2016.                                             time (A.l.t.), March 25, 2016, until 2400                  pollock in the Aleutian Islands subarea
                                                   The AA also finds good cause to                                          hrs, A.l.t., December 31, 2016.                            included in the final 2016 and 2017
                                                waive the 30-day delay in the effective                                                                                                harvest specifications for groundfish in
                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                date of this action under 5 U.S.C.                                                                                                     the BSAI (81 FR 14773, March 18, 2016)
                                                                                                                            Steve Whitney, 907–586–7228.
                                                553(d)(3). This finding is based upon
                                                                                                                            SUPPLEMENTARY INFORMATION: NMFS                            are revised as follows: 9,700 mt to Aleut
                                                the reasons provided above for waiver of
                                                                                                                            manages the groundfish fishery in the                      Corporation’s DFA and 0 mt to CDQ
                                                prior notice and opportunity for public
                                                                                                                            BSAI exclusive economic zone                               pollock. Furthermore, pursuant to
                                                comment.
                                                   This action is required by § 679.20                                      according to the Fishery Management                        § 679.20(a)(5), Table 4 of the final 2016
                                                and is exempt from review under                                             Plan for Groundfish of the Bering Sea                      and 2017 harvest specifications for
                                                Executive Order 12866.                                                      and Aleutian Islands Management Area                       groundfish in the BSAI (81 FR 14773,
                                                                                                                            (FMP) prepared by the North Pacific                        March 18, 2016) is revised to make 2016
                                                   Authority: 16 U.S.C. 1801 et seq.
                                                                                                                            Fishery Management Council (Council)                       pollock allocations consistent with this
                                                  Dated: March 22, 2016.                                                    under authority of the Magnuson-                           reallocation. This reallocation results in
                                                Emily H. Menashes,                                                          Stevens Fishery Conservation and                           adjustments to the 2016 Aleut
                                                Acting Director, Office of Sustainable                                      Management Act. Regulations governing                      Corporation and CDQ pollock
                                                Fisheries, National Marine Fisheries Service.                               fishing by U.S. vessels in accordance                      allocations established at § 679.20(a)(5).
                                                [FR Doc. 2016–06831 Filed 3–22–16; 4:15 pm]                                 with the FMP appear at subpart H of 50
                                                BILLING CODE 3510–22–P                                                      CFR part 600 and 50 CFR part 679.

                                                      TABLE 4—FINAL 2016 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
                                                                                    DIRECTED FISHING ALLOWANCES (DFA) 1
                                                                                                                                          [Amounts are in metric tons]

                                                                                                                                                                                     2016 A season 1                  2016 B season 1
                                                                                   Area and sector                                                2016 Allocations
                                                                                                                                                                            A season DFA        SCA harvest limit 2   B season DFA
jstallworth on DSK7TPTVN1PROD with RULES




                                                Bering Sea subarea TAC 1 ......................................................                              1,346,900                   n/a                   n/a                 n/a
                                                CDQ DFA .................................................................................                      135,900               54,360                38,052              81,540
                                                ICA 1 .........................................................................................                 48,240                   n/a                   n/a                 n/a
                                                AFA Inshore .............................................................................                      581,380              232,552               162,786             348,828
                                                    AFA Catcher/Processors 3 ................................................                                  465,104              186,042               130,229             279,062
                                                    Catch by C/Ps ..................................................................                           425,570              170,228                   n/a             255,342
                                                    Catch by CVs 3 .................................................................                            39,534               15,814                   n/a              23,720



                                           VerDate Sep<11>2014         12:26 Mar 24, 2016          Jkt 238001      PO 00000        Frm 00039      Fmt 4700    Sfmt 4700   E:\FR\FM\25MRR1.SGM   25MRR1



Document Created: 2018-02-02 15:18:08
Document Modified: 2018-02-02 15:18:08
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 hrs, Alaska local time (A.l.t.), March 22, 2016, through 2400 hrs, A.l.t., December 31, 2016.
ContactJosh Keaton, 907-586-7269.
FR Citation81 FR 16096 
RIN Number0648-XE53

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