81_FR_33252 81 FR 33151 - Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery and Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

81 FR 33151 - Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery and Shallow-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 101 (May 25, 2016)

Page Range33151-33152
FR Document2016-12354

NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery and the shallow-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 each of these trawl fishery categories in the GOA has been reached.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016) 
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33151-33152]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12354]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE644


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery and Shallow-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 and the shallow-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 each of these trawl fishery 
categories in the GOA has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 20, 2016, 
through 1200 hours, A.l.t., July 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 second seasonal apportionments of the Pacific halibut bycatch 
allowance specified for the deep-water species and the shallow-water 
species fisheries in the GOA are 256 metric tons (mt) and 85 mt, 
respectively. These apportionments were 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 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 combined Pacific halibut bycatch allowance specified for the trawl 
deep-water species and shallow-water species

[[Page 33152]]

fishery categories in the GOA has been reached. Consequently, NMFS is 
prohibiting directed fishing for the deep-water species and the 
shallow-water species fisheries 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. The species and species groups that comprise the 
shallow-water species fishery are pollock, Pacific cod, shallow-water 
flatfish, flathead sole, Atka mackerel, skates, squids, sharks, 
octopuses, and sculpins. 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 and the 
shallow-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 May 
19, 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: May 20, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12354 Filed 5-20-16; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 33151 Office, telephone: 727–824–5305, email: consistent with the Magnuson-Stevens DEPARTMENT OF COMMERCE mary.vara@noaa.gov. Act and other applicable laws. SUPPLEMENTARY INFORMATION: The National Oceanic and Atmospheric This action is taken under 50 CFR snapper-grouper fishery of the South Administration 622.193(z)(1)(i) and is exempt from Atlantic includes blueline tilefish and is review under Executive Order 12866. managed under the Fishery 50 CFR Part 679 Management Plan for the Snapper- These measures are exempt from the [Docket No. 150818742–6210–02] Grouper Fishery of the South Atlantic procedures of the Regulatory Flexibility Region (FMP). The South Atlantic Act because the temporary rule is issued RIN 0648–XE644 Fishery Management Council and without opportunity for prior notice and comment. Fisheries of the Economic Exclusive NMFS prepared the FMP, and the FMP is implemented under the authority of Zone Off Alaska; Deep-Water Species This action responds to the best Fishery and Shallow-Water Species the Magnuson-Stevens Fishery scientific information available. The Conservation and Management Act Fishery by Vessels Using Trawl Gear in Assistant Administrator for NOAA the Gulf of Alaska (Magnuson-Stevens Act) by regulations Fisheries (AA) finds that the need to at 50 CFR part 622. immediately implement this action to AGENCY: National Marine Fisheries In Amendment 32 to the FMP Service (NMFS), National Oceanic and close the commercial sector for blueline (Amendment 32), NMFS implemented Atmospheric Administration (NOAA), management measures to end tilefish constitutes good cause to waive the requirements to provide prior notice Commerce. overfishing of blueline tilefish. The final ACTION: Temporary rule; closure. rule for Amendment 32 was effective on and opportunity for public comment March 30, 2015 (80 FR 16583, March 30, pursuant to the authority set forth in 5 SUMMARY: NMFS is prohibiting directed 2015). U.S.C. 553(b)(B), as such prior notice fishing for species that comprise the NMFS is required to close the and opportunity for public comment are deep-water species fishery and the commercial sector for blueline tilefish unnecessary and contrary to the public shallow-water species fishery by vessels when the commercial ACL is reached, interest. Such procedures are using trawl gear in the Gulf of Alaska or is projected to be reached, by filing unnecessary because the regulations at (GOA). This action is necessary because a notification to that effect with the 50 CFR 622.193(z)(1)(i) and (iii) have the second seasonal apportionment of Office of the Federal Register, as already been subject to notice and the Pacific halibut bycatch allowance specified in 50 CFR 622.193(z)(1)(i). For comment, and all that remains is to specified for each of these trawl fishery 2016, the commercial ACL for blueline notify the public of the closure. Prior categories in the GOA has been reached. tilefish is 26,766 lb (12,141 kg), round notice and opportunity for public DATES: Effective 1200 hours, Alaska weight. NMFS has projected that the comment are contrary to the public local time (A.l.t.), May 20, 2016, through commercial ACL for South Atlantic interest because there is a need to 1200 hours, A.l.t., July 1, 2016. blueline tilefish will be reached by June immediately implement this action to FOR FURTHER INFORMATION CONTACT: Josh 1, 2016. Accordingly, the commercial protect blueline tilefish, since the Keaton, 907–586–7228. sector for South Atlantic blueline tilefish is closed effective at 12:01 a.m., capacity of the fishing fleet allows for SUPPLEMENTARY INFORMATION: NMFS local time, June 1, 2016, until 12:01 rapid harvest of the commercial ACL. manages the groundfish fishery in the a.m., local time, January 1, 2017. Prior notice and opportunity for public GOA exclusive economic zone The operator of a vessel with a valid comment would require time and would according to the Fishery Management commercial vessel permit for South potentially result in a harvest well in Plan for Groundfish of the Gulf of Atlantic snapper-grouper having excess of the established commercial Alaska (FMP) prepared by the North blueline tilefish on board must have ACL. Pacific Fishery Management Council landed and bartered, traded, or sold For the aforementioned reasons, the under authority of the Magnuson- such blueline tilefish prior to June 1, Stevens Fishery Conservation and AA also finds good cause to waive the 2016. During the closure, all sale or Management Act. Regulations governing 30-day delay in the effectiveness of this purchase of blueline tilefish is fishing by U.S. vessels in accordance action under 5 U.S.C. 553(d)(3). prohibited and harvest or possession of with the FMP appear at subpart H of 50 blueline tilefish in or from the South Authority: 16 U.S.C. 1801 et seq. CFR part 600 and 50 CFR part 679. Atlantic EEZ is limited to the bag and The second seasonal apportionments Emily H. Menashes, possession limits specified in 50 CFR of the Pacific halibut bycatch allowance 622.187(b)(2)(iv) and 622.187(c)(1), Acting Director, Office of Sustainable specified for the deep-water species and Fisheries, National Marine Fisheries Service. the shallow-water species fisheries in respectively. These bag and possession limits apply in the South Atlantic on [FR Doc. 2016–12351 Filed 5–24–16; 8:45 am] the GOA are 256 metric tons (mt) and board a vessel for which a valid Federal BILLING CODE 3510–22–P 85 mt, respectively. These commercial or charter vessel/headboat apportionments were established by the permit for South Atlantic snapper- final 2016 and 2017 harvest grouper has been issued, without regard specifications for groundfish of the GOA to where such species were harvested, (81 FR 14740, March 18, 2016), for the i.e., in state or Federal waters. period 1200 hours, A.l.t., April 1, 2016, through 1200 hours, A.l.t., July 1, 2016. Classification In accordance with § 679.21(d)(6)(i), Lhorne on DSK30JT082PROD with RULES The Regional Administrator for the the Administrator, Alaska Region, NMFS Southeast Region has determined NMFS, has determined that the second this temporary rule is necessary for the seasonal apportionment of the conservation and management of combined Pacific halibut bycatch blueline tilefish and the South Atlantic allowance specified for the trawl deep- snapper-grouper fishery and is water species and shallow-water species VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1

33152 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations fishery categories in the GOA has been § 679.20(e) and (f) apply at any time publish a notice providing time for reached. Consequently, NMFS is during a trip. public comment because the most prohibiting directed fishing for the recent, relevant data only became Classification deep-water species and the shallow- available as of May 19, 2016. water species fisheries by vessels using This action responds to the best The AA also finds good cause to trawl gear in the GOA. The species and available information recently obtained waive the 30-day delay in the effective from the fishery. The Assistant species groups that comprise the deep- date of this action under 5 U.S.C. Administrator for Fisheries, NOAA water species fishery include sablefish, 553(d)(3). This finding is based upon (AA), finds good cause to waive the rockfish, deep-water flatfish, rex sole, requirement to provide prior notice and the reasons provided above for waiver of and arrowtooth flounder. The species opportunity for public comment prior notice and opportunity for public and species groups that comprise the pursuant to the authority set forth at 5 comment. shallow-water species fishery are U.S.C. 553(b)(B) as such requirement is This action is required by § 679.21 pollock, Pacific cod, shallow-water impracticable and contrary to the public and is exempt from review under flatfish, flathead sole, Atka mackerel, interest. This requirement is Executive Order 12866. skates, squids, sharks, octopuses, and impracticable and contrary to the public Authority: 16 U.S.C. 1801 et seq. sculpins. This closure does not apply to interest as it would prevent NMFS from fishing by vessels participating in the responding to the most recent fisheries Dated: May 20, 2016. cooperative fishery in the Rockfish data in a timely fashion and would Emily H. Menashes, Program for the Central GOA. delay the closure of the deep-water Acting Director, Office of Sustainable species fishery and the shallow-water Fisheries, National Marine Fisheries Service. After the effective date of this closure the maximum retainable amounts at species fishery by vessels using trawl [FR Doc. 2016–12354 Filed 5–20–16; 4:15 pm] gear in the GOA. NMFS was unable to BILLING CODE 3510–22–P Lhorne on DSK30JT082PROD with RULES VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\25MYR1.SGM 25MYR1


Document Created: 2018-02-07 15:03:40
Document Modified: 2018-02-07 15:03:40
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.), May 20, 2016, through 1200 hours, A.l.t., July 1, 2016.
ContactJosh Keaton, 907-586-7228.
FR Citation81 FR 33151 
RIN Number0648-XE64
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