81_FR_21827 81 FR 21756 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area

81 FR 21756 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 71 (April 13, 2016)

Page Range21756-21757
FR Document2016-08487

NMFS is opening directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the B season apportionment of the 2016 total allowable catch (TAC) of Pacific cod allocated to trawl catcher vessels in the BSAI.

Federal Register, Volume 81 Issue 71 (Wednesday, April 13, 2016) 
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21756-21757]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE563


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea subarea of the Bering Sea 
and Aleutian Islands Management Area (BSAI). This action is necessary 
to fully use the B season apportionment of the 2016 total allowable 
catch (TAC) of Pacific cod allocated to trawl catcher vessels in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 11, 2016, 
through 2400 hrs, A.l.t., June 10, 2016. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., April 28, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0118, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0118, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
using trawl gear in the BSAI under

[[Page 21757]]

Sec.  679.20(d)(1)(iii) on April 4, 2016 (81 FR 19931, April 6, 2016).
    NMFS has determined that as of April 7, 2016, approximately 1,500 
metric tons of Pacific cod remain in the B season apportionment of the 
2016 TAC of Pacific cod allocated to trawl catcher vessels in the BSAI. 
However, NMFS closed directed fishing for Pacific cod in the Aleutian 
Island subarea of the BSAI under Sec.  679.20(d)(1)(iii) on March 22, 
2016 (81 FR 16096, March 25, 2016). Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 
B season apportionment of the 2016 TAC of Pacific cod allocated to 
trawl catcher vessels in the BSAI, NMFS is terminating the directed 
fishing closure for Pacific cod by catcher vessels using trawl gear in 
the BSAI and is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea subarea of the BSAI. This 
action does not open directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Aleutian Island subarea of the BSAI. 
The Administrator, Alaska Region, NMFS, (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current catch of Pacific cod by catcher vessels using trawl gear in the 
BSAI and, (2) the harvest capacity and stated intent on future 
harvesting patterns of vessels in participating in this fishery.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the opening of directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea subarea of the BSAI. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet and processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of April 7, 2016.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels using trawl gear in the BSAI to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until April 
28, 2016.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 8, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-08487 Filed 4-8-16; 4:15 pm]
 BILLING CODE 3510-22-P

21756 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller using trawl gear in the Bering Sea FR 28355, May 22, 2001) or Executive General of the United States prior to subarea of the Bering Sea and Aleutian Order 13045, entitled ‘‘Protection of publication of the rule in the Federal Islands Management Area (BSAI). This Children from Environmental Health Register. This action is not a ‘‘major action is necessary to fully use the B Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2). season apportionment of the 2016 total April 23, 1997). This action does not allowable catch (TAC) of Pacific cod contain any information collections List of Subjects in 40 CFR Part 180 allocated to trawl catcher vessels in the subject to OMB approval under the Environmental protection, BSAI. Paperwork Reduction Act (PRA) (44 Administrative practice and procedure, DATES: Effective 1200 hrs, Alaska local U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides time (A.l.t.), April 11, 2016, through any special considerations under and pests, Reporting and recordkeeping 2400 hrs, A.l.t., June 10, 2016. Executive Order 12898, entitled requirements. Comments must be received at the ‘‘Federal Actions to Address Dated: April 7, 2016. following address no later than 4:30 Environmental Justice in Minority Daniel J. Rosenblatt, p.m., A.l.t., April 28, 2016. Populations and Low-Income ADDRESSES: You may submit comments Acting Director, Registration Division, Office Populations’’ (59 FR 7629, February 16, of Pesticide Programs. on this document, identified by NOAA– 1994). NMFS–2015–0118, by any of the Since tolerances and exemptions that Therefore, 40 CFR chapter I is amended as follows: following methods: are established on the basis of a petition • Electronic Submission: Submit all under FFDCA section 408(d), such as PART 180—[AMENDED] electronic public comments via the the tolerance in this final rule, do not Federal e-Rulemaking Portal. Go to require the issuance of a proposed rule, ■ 1. The authority citation for part 180 www.regulations.gov/#!docketDetail; the requirements of the Regulatory continues to read as follows: D=NOAA-NMFS-2015-0118, click the Flexibility Act (RFA) (5 U.S.C. 601 et Authority: 21 U.S.C. 321(q), 346a and 371. ‘‘Comment Now!’’ icon, complete the seq.), do not apply. 2. In § 180.599, revise the entry for required fields, and enter or attach your This action directly regulates growers, ■ food processors, food handlers, and food ‘‘Hop, dried cones’’ in the table in comments. • Mail: Submit written comments to retailers, not States or tribes, nor does paragraph (a) to read as follows: Glenn Merrill, Assistant Regional this action alter the relationships or § 180.599 Acequinocyl; tolerances for Administrator, Sustainable Fisheries distribution of power and residues. Division, Alaska Region NMFS, Attn: responsibilities established by Congress (a) * * * Ellen Sebastian. Mail comments to P.O. in the preemption provisions of FFDCA Box 21668, Juneau, AK 99802–1668. section 408(n)(4). As such, the Agency Parts per Instructions: Comments sent by any has determined that this action will not Commodity million other method, to any other address or have a substantial direct effect on States individual, or received after the end of or tribal governments, on the the comment period, may not be relationship between the national * * * * * considered by NMFS. All comments government and the States or tribal Hop, dried cones ........................ 15 received are a part of the public record governments, or on the distribution of * * * * * and will generally be posted for public power and responsibilities among the viewing on www.regulations.gov various levels of government or between * * * * * without change. All personal identifying the Federal Government and Indian [FR Doc. 2016–08512 Filed 4–12–16; 8:45 am] information (e.g., name, address), tribes. Thus, the Agency has determined BILLING CODE 6560–50–P confidential business information, or that Executive Order 13132, entitled otherwise sensitive information ‘‘Federalism’’ (64 FR 43255, August 10, submitted voluntarily by the sender will 1999) and Executive Order 13175, DEPARTMENT OF COMMERCE be publicly accessible. NMFS will entitled ‘‘Consultation and Coordination accept anonymous comments (enter ‘‘N/ with Indian Tribal Governments’’ (65 FR National Oceanic and Atmospheric A’’ in the required fields if you wish to 67249, November 9, 2000) do not apply Administration remain anonymous). to this action. In addition, this action does not impose any enforceable duty or FOR FURTHER INFORMATION CONTACT: Josh contain any unfunded mandate as 50 CFR Part 679 Keaton, 907–586–7228. described under Title II of the Unfunded [Docket No. 150916863–6211–02] SUPPLEMENTARY INFORMATION: NMFS Mandates Reform Act (UMRA) (2 U.S.C. manages the groundfish fishery in the RIN 0648–XE563 BSAI exclusive economic zone 1501 et seq.). This action does not involve any according to the Fishery Management Fisheries of the Exclusive Economic technical standards that would require Plan for Groundfish of the Bering Sea Zone Off Alaska; Pacific Cod in the Agency consideration of voluntary and Aleutian Islands Management Area Bering Sea Subarea of the Bering Sea consensus standards pursuant to section (FMP) prepared by the North Pacific and Aleutian Islands Management Area 12(d) of the National Technology Fishery Management Council under Transfer and Advancement Act AGENCY: National Marine Fisheries authority of the Magnuson-Stevens (NTTAA) (15 U.S.C. 272 note). Service (NMFS), National Oceanic and Fishery Conservation and Management jstallworth on DSK7TPTVN1PROD with RULES Atmospheric Administration (NOAA), Act. Regulations governing fishing by VII. Congressional Review Act Commerce. U.S. vessels in accordance with the FMP Pursuant to the Congressional Review ACTION: Temporary rule; modification of appear at subpart H of 50 CFR part 600 Act (5 U.S.C. 801 et seq.), EPA will a closure. and 50 CFR part 679. submit a report containing this rule and NMFS closed directed fishing for other required information to the U.S. SUMMARY: NMFS is opening directed Pacific cod by catcher vessels using Senate, the U.S. House of fishing for Pacific cod by catcher vessels trawl gear in the BSAI under VerDate Sep<11>2014 14:03 Apr 12, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1

Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations 21757 § 679.20(d)(1)(iii) on April 4, 2016 (81 using trawl gear in the BSAI and, (2) the public comment because the most FR 19931, April 6, 2016). harvest capacity and stated intent on recent, relevant data only became NMFS has determined that as of April future harvesting patterns of vessels in available as of April 7, 2016. 7, 2016, approximately 1,500 metric participating in this fishery. The AA also finds good cause to tons of Pacific cod remain in the B waive the 30-day delay in the effective season apportionment of the 2016 TAC Classification date of this action under 5 U.S.C. of Pacific cod allocated to trawl catcher This action responds to the best 553(d)(3). This finding is based upon vessels in the BSAI. However, NMFS available information recently obtained the reasons provided above for waiver of closed directed fishing for Pacific cod in from the fishery. The Assistant prior notice and opportunity for public the Aleutian Island subarea of the BSAI Administrator for Fisheries, NOAA comment. under § 679.20(d)(1)(iii) on March 22, (AA), finds good cause to waive the 2016 (81 FR 16096, March 25, 2016). requirement to provide prior notice and Without this inseason adjustment, Therefore, in accordance with opportunity for public comment NMFS could not allow the fishery for § 679.25(a)(1)(i), (a)(2)(i)(C), and pursuant to the authority set forth at 5 Pacific cod by catcher vessels using (a)(2)(iii)(D), and to fully use the B U.S.C. 553(b)(B) as such requirement is trawl gear in the BSAI to be harvested season apportionment of the 2016 TAC impracticable and contrary to the public in an expedient manner and in of Pacific cod allocated to trawl catcher interest. This requirement is accordance with the regulatory vessels in the BSAI, NMFS is impracticable and contrary to the public schedule. Under § 679.25(c)(2), terminating the directed fishing closure interest as it would prevent NMFS from interested persons are invited to submit for Pacific cod by catcher vessels using responding to the most recent fisheries written comments on this action to the trawl gear in the BSAI and is opening data in a timely fashion and would above address until April 28, 2016. directed fishing for Pacific cod by delay the opening of directed fishing for This action is required by § 679.25 catcher vessels using trawl gear in the Pacific cod by catcher vessels using and is exempt from review under Bering Sea subarea of the BSAI. This trawl gear in the Bering Sea subarea of Executive Order 12866. action does not open directed fishing for the BSAI. Immediate notification is Authority: 16 U.S.C. 1801 et seq. Pacific cod by catcher vessels using necessary to allow for the orderly trawl gear in the Aleutian Island subarea conduct and efficient operation of this Dated: April 8, 2016. of the BSAI. The Administrator, Alaska fishery, to allow the industry to plan for Emily H. Menashes, Region, NMFS, (Regional Administrator) the fishing season, and to avoid Acting Director, Office of Sustainable considered the following factors in potential disruption to the fishing fleet Fisheries, National Marine Fisheries Service. reaching this decision: (1) The current and processors. NMFS was unable to [FR Doc. 2016–08487 Filed 4–8–16; 4:15 pm] catch of Pacific cod by catcher vessels publish a notice providing time for BILLING CODE 3510–22–P jstallworth on DSK7TPTVN1PROD with RULES VerDate Sep<11>2014 14:03 Apr 12, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4700 Sfmt 9990 E:\FR\FM\13APR1.SGM 13APR1


Document Created: 2016-04-13 03:10:41
Document Modified: 2016-04-13 03:10:41
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; modification of a closure.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), April 11, 2016, through 2400 hrs, A.l.t., June 10, 2016. Comments must be received at
ContactJosh Keaton, 907-586-7228.
FR Citation81 FR 21756 
RIN Number0648-XE56
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