81_FR_26831 81 FR 26745 - Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

81 FR 26745 - 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 86 (May 4, 2016)

Page Range26745-26746
FR Document2016-10444

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 second 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 86 (Wednesday, May 4, 2016) 
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Rules and Regulations]
[Pages 26745-26746]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10444]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE604


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 second 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.), April 30, 
2016, through 1200 hours, A.l.t., May 15, 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 second seasonal apportionment of the Pacific halibut bycatch 
allowance specified for the deep-water species fishery in the GOA is 
256 metric tons as established by the final 2016 and 2017 harvest 
specifications for groundfish of the GOA (81 FR 14740, March 18, 2016), 
for the period 1200 hours, A.l.t., April

[[Page 26746]]

1, 2016, through 1200 hours, A.l.t., July 1, 2016.
    In accordance with Sec.  679.21(d)(6)(i), the Administrator, Alaska 
Region, NMFS, has determined that the second 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. This 
closure does not apply to fishing by vessels participating in the 
cooperative fishery in the Rockfish Program for the Central GOA.
    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 April 28, 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: April 29, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-10444 Filed 4-29-16; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations 26745 ft (14.0 m) LOA using hook-and-line catcher vessel halibut PSC limit for the (2) Using trawl gear or hook-and-line gear when groundfish CDQ fishing and requesting CDQ group. gear when groundfish CDQ fishing (see to the CDQ groups authorizing the (3) Fishery closures. Directed fishing § 679.2), except for catcher vessels less operators of these vessels to harvest for groundfish CDQ, except sablefish than or equal to 46 ft LOA using hook- groundfish CDQ or halibut CDQ. CDQ managed under paragraph (c)(1) of and-line gear when groundfish CDQ (B) Halibut CDQ or halibut IFQ. If any this section, by catcher vessels less than fishing under § 679.32(c)(3)(iii); or halibut CDQ or halibut IFQ are retained or equal to 46 ft LOA using hook-and- * * * * * during a fishing trip on board a vessel line gear is prohibited unless the [FR Doc. 2016–10356 Filed 5–3–16; 8:45 am] described in paragraph (c)(3)(iii)(A) of Regional Administrator publishes BILLING CODE 3510–22–P this section, the following requirements notification in the Federal Register apply: authorizing such directed fishing. In (1) The vessel operator must retain all deciding whether to authorize directed DEPARTMENT OF COMMERCE legal-size halibut caught during that fishing, NMFS will consider whether a entire fishing trip. CDQ group has sufficient halibut in its National Oceanic and Atmospheric (2) The vessel operator must have small catcher vessel halibut PSC limit to Administration sufficient halibut IFQ or halibut CDQ support directed fishing for groundfish available to account for the catch of all CDQ by these catcher vessels. Upon 50 CFR Part 679 legal-size halibut caught during the determining that a CDQ group’s small [Docket No. 150818742–6210–02] entire fishing trip. catcher vessel halibut PSC limit has (3) If the vessel operator is relying on been or will be reached, the Regional RIN 0648–XE604 halibut CDQ from a CDQ group to Administrator will publish notification support the retained catch of legal-size in the Federal Register prohibiting Fisheries of the Economic Exclusive halibut during a fishing trip, the CDQ directed fishing for all groundfish CDQ Zone Off Alaska; Deep-Water Species group must provide adequate halibut species, except sablefish CDQ, by Fishery by Vessels Using Trawl Gear in CDQ to this vessel operator to account catcher vessels less than or equal to 46 the Gulf of Alaska for all of the legal-size halibut caught by ft LOA using hook-and-line gear fishing AGENCY: National Marine Fisheries the vessel during the entire fishing trip. for that CDQ group. If the estimated Service (NMFS), National Oceanic and (C) Halibut PSC. If halibut CDQ or halibut PSC by vessels described in Atmospheric Administration (NOAA), halibut IFQ are not retained during a paragraph (c)(3)(iii)(A) of this section Commerce. fishing trip on board a vessel described exceeds the balance of the small catcher vessel halibut PSC limit on December 31 ACTION: Temporary rule; closure. in paragraph (c)(3)(iii)(A) of this section, the following requirements apply: of any year, and if the CDQ group has SUMMARY: NMFS is prohibiting directed (1) The vessel operator must discard remaining halibut PSQ on that date, fishing for species that comprise the all halibut caught during the fishing NMFS will transfer an amount of deep-water species fishery by vessels trip. halibut PSQ into the CDQ group’s small using trawl gear in the Gulf of Alaska (2) Small catcher vessel halibut PSC catcher vessel halibut PSC limit to bring (GOA). This action is necessary because limit. The CDQ group representative the balance of the small catcher vessel the second seasonal apportionment of may transfer halibut from a CDQ group’s halibut PSC limit to zero. NMFS will the Pacific halibut bycatch allowance halibut PSQ to its small catcher vessel make the determination about whether specified for the deep-water species halibut PSC limit. To do so, the CDQ such an administrative transfer is fishery in the GOA has been reached. representative must submit a transfer necessary after data from the fishing DATES: Effective 1200 hours, Alaska request using the procedures described year is finalized. local time (A.l.t.), April 30, 2016, in § 679.5(n). In reviewing a request to * * * * * through 1200 hours, A.l.t., May 15, transfer halibut PSQ to a CDQ group’s ■ 6. In § 679.51: 2016. small catcher vessel halibut PSC limit, ■ a. Remove the introductory text; NMFS will consider whether the ■ b. In paragraphs (a)(1)(i)(A) and (B) FOR FURTHER INFORMATION CONTACT: Josh amount of halibut to be transferred to remove ‘‘or’’ and in paragraph Keaton, 907–586–7228. the small catcher vessel halibut PSC (a)(1)(i)(C) remove the period and add in SUPPLEMENTARY INFORMATION: NMFS limit is sufficient to support groundfish its place ‘‘; or’’; manages the groundfish fishery in the CDQ fishing by the catcher vessels that ■ c. Add paragraph (a)(1)(i)(D); GOA exclusive economic zone the CDQ group plans to authorize to ■ d. Revise paragraph (a)(2)(i)(C)(2); and according to the Fishery Management conduct groundfish CDQ fishing. The ■ e. Remove paragraph (f). Plan for Groundfish of the Gulf of transfer is not effective until approved The addition and revision read as Alaska (FMP) prepared by the North by NMFS. The CDQ group follows: Pacific Fishery Management Council representative also may transfer halibut under authority of the Magnuson- from a CDQ group’s small catcher vessel § 679.51 Observer requirements for Stevens Fishery Conservation and halibut PSC limit back to its halibut vessels and plants. Management Act. Regulations governing PSQ by submitting a transfer request (a) * * * fishing by U.S. vessels in accordance using the procedures described in (1) * * * with the FMP appear at subpart H of 50 § 679.5(n). In reviewing a request to (i) * * * CFR part 600 and 50 CFR part 679. asabaliauskas on DSK3SPTVN1PROD with RULES transfer halibut from the small catcher (D) A catcher vessel less than or equal The second seasonal apportionment vessel halibut PSC limit back to the to 46 ft LOA using hook-and-line gear of the Pacific halibut bycatch allowance CDQ group’s halibut PSQ, NMFS will when groundfish CDQ fishing under specified for the deep-water species consider the status of CDQ fisheries § 679.32(c)(3)(iii). fishery in the GOA is 256 metric tons as through the end of the year and * * * * * established by the final 2016 and 2017 anticipated halibut PSC rates for any (2) * * * harvest specifications for groundfish of remaining groundfish CDQ fishing by (i) * * * the GOA (81 FR 14740, March 18, 2016), vessels managed under the small (C) * * * for the period 1200 hours, A.l.t., April VerDate Sep<11>2014 17:12 May 03, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM 04MYR1

26746 Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations 1, 2016, through 1200 hours, A.l.t., July § 679.20(e) and (f) apply at any time public comment because the most 1, 2016. during a trip. recent, relevant data only became In accordance with § 679.21(d)(6)(i), available as of April 28, 2016. the Administrator, Alaska Region, Classification This action responds to the best The AA also finds good cause to NMFS, has determined that the second seasonal apportionment of the Pacific available information recently obtained waive the 30-day delay in the effective halibut bycatch allowance specified for from the fishery. The Assistant date of this action under 5 U.S.C. the trawl deep-water species fishery in Administrator for Fisheries, NOAA 553(d)(3). This finding is based upon the GOA has been reached. (AA), finds good cause to waive the the reasons provided above for waiver of Consequently, NMFS is prohibiting requirement to provide prior notice and prior notice and opportunity for public directed fishing for the deep-water opportunity for public comment comment. species fishery by vessels using trawl pursuant to the authority set forth at 5 This action is required by § 679.21 gear in the GOA. The species and U.S.C. 553(b)(B) as such requirement is and is exempt from review under species groups that comprise the deep- impracticable and contrary to the public Executive Order 12866. water species fishery include sablefish, interest. This requirement is rockfish, deep-water flatfish, rex sole, impracticable and contrary to the public Authority: 16 U.S.C. 1801 et seq. and arrowtooth flounder. This closure interest as it would prevent NMFS from Dated: April 29, 2016. does not apply to fishing by vessels responding to the most recent fisheries Emily H. Menashes, participating in the cooperative fishery data in a timely fashion and would Acting Director, Office of Sustainable in the Rockfish Program for the Central delay the closure of the deep-water Fisheries, National Marine Fisheries Service. GOA. species fishery by vessels using trawl [FR Doc. 2016–10444 Filed 4–29–16; 4:15 pm] After the effective date of this closure gear in the GOA. NMFS was unable to BILLING CODE 3510–22–P the maximum retainable amounts at publish a notice providing time for asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 17:12 May 03, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4700 Sfmt 9990 E:\FR\FM\04MYR1.SGM 04MYR1


Document Created: 2016-05-04 01:22:51
Document Modified: 2016-05-04 01:22:51
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.), April 30, 2016, through 1200 hours, A.l.t., May 15, 2016.
ContactJosh Keaton, 907-586-7228.
FR Citation81 FR 26745 
RIN Number0648-XE60
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