81 FR 30215 - Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 94 (May 16, 2016)

NMFS is opening 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 to fully use the 2016 groundfish total allowable catch specified for the species comprising the deep- water species category in the GOA.

[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30215-30216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11492]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE623


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

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

ACTION: Temporary rule; opening.

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

SUMMARY: NMFS is opening 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 to fully use the 2016 groundfish 
total allowable catch specified for the species comprising the deep-
water species category in the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 15, 2016, 
through 1200 hours, A.l.t., July 1, 2016.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., May 31, 2016.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2015-0110, 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-2015-0110, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address 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). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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.
    NMFS prohibited directed fishing for species that comprise the 
deep-water species fishery by vessels using trawl

[[Page 30216]]

gear in the GOA, effective 1200 hours, A.l.t., April 30, 2016 (May 4, 
2016, 81 FR 26745) under Sec.  679.21(d)(6)(i). That action was 
necessary because the second seasonal apportionment of the Pacific 
halibut bycatch allowance specified for the deep-water species fishery 
in the GOA was reached. The species and species groups that comprise 
the deep-water species fishery include sablefish, rockfish, deep-water 
flatfish, rex sole, and arrowtooth flounder.
    Regulations at Sec.  679.21(d)(4)(iii)(D) require NMFS to combine 
management of the available trawl halibut PSC limits in the second 
season (April 1 through July 1) deep-water and shallow-water species 
fishery categories for use in either fishery from May 15 through June 
30 of each year. The combined second seasonal apportionment of Pacific 
halibut PSC is 810 mt. This includes the deep-water and shallow water 
Pacific halibut PSC limits carried forward from the first seasonal 
apportionments (January 20 through April 1). The deep-water and 
shallow-water Pacific halibut PSC apportionments were established by 
the final 2016 and 2017 harvest specifications for groundfish of the 
GOA (81 FR 14740, March 18, 2016).
    As of May 10, 2016, NMFS has determined that there is approximately 
135 metric tons of the trawl Pacific halibut PSC limit remaining in the 
deep-water fishery and shallow-water fishery seasonal apportionments. 
Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully utilize the 2016 groundfish total 
allowable catch available in the deep-water species fishery category 
NMFS is terminating the previous closure and is reopening directed 
fishing for species comprising the deep-water fishery category in the 
GOA. The Administrator, Alaska Region (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current harvest of Pacific halibut PSC in the deep-water species trawl 
fishery the of the GOA 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 species comprising the 
deep-water species fishery category 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 May 10, 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 trawl 
deep-water species fishery in the GOA 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 May 31, 2016.
    This action is required by Sec.  679.21 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: May 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-11492 Filed 5-13-16; 8:45 am]
 BILLING CODE 3510-22-P