81 FR 36808 - Fisheries of the Exclusive Economic Zone Off Alaska; Other Hook-and-Line Fishery by Catcher Vessels in the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range		36808-36809
FR Document		2016-13454

NMFS is prohibiting directed fishing for groundfish, other than demersal shelf rockfish or sablefish managed under the Individual Fishing Quota Program, by catcher vessels (C/Vs) using hook-and-line gear in the Gulf of Alaska (GOA). This action is necessary because the Pacific halibut bycatch allowance specified for the other hook-and-line fishery by C/Vs in the GOA has been reached.

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36808-36809]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13454]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE667


Fisheries of the Exclusive Economic Zone Off Alaska; Other Hook-
and-Line Fishery by Catcher Vessels 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 groundfish, other 
than demersal shelf rockfish or sablefish managed under the Individual 
Fishing Quota Program, by catcher vessels (C/Vs) using hook-and-line 
gear in the Gulf of Alaska (GOA). This action is necessary because the 
Pacific halibut bycatch allowance specified for the other hook-and-line 
fishery by C/Vs in the GOA has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 10, 2016, 
until 2400 hours A.l.t., December 31, 2016.

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 (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 Pacific halibut bycatch allowance specified for the other hook-
and-line fishery by C/Vs in the GOA is 129 metric tons as established 
by the final 2016 and 2017 harvest specifications for groundfish of the 
GOA (81 FR 14740, March 18, 2016).
    In accordance with Sec.  679.21(d)(6)(ii), the Administrator, 
Alaska Region, NMFS, has determined that the Pacific halibut bycatch 
allowance specified for the other hook-and-line fishery by C/Vs in the 
GOA has been reached. Consequently, NMFS is prohibiting directed 
fishing for groundfish, other than demersal shelf rockfish or sablefish 
managed under the Individual Fishing Quota Program, by C/Vs using hook-

[[Page 36809]]

and-line gear in the 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 closure of the other hook-and-line fishery by C/Vs 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 June 1, 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 Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: June 2, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-13454 Filed 6-7-16; 8:45 am]
 BILLING CODE 3510-22-P

36808 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations

(c) Usual and accustomed fishing § 660.706 Pacific Coast Treaty Indian DEPARTMENT OF COMMERCE
areas or U&A fishing areas. The Pacific rights.
Coast treaty Indian tribes’ U&A fishing National Oceanic and Atmospheric
(a) Pacific Coast treaty Indian tribes
areas within the EEZ are set out in Administration
have treaty rights to harvest HMS in
§ 660.4. their usual and accustomed (U&A)
* * * * * 50 CFR Part 679
fishing areas in the EEZ.
(e) * * * [Docket No. 150818742–6210–02]
* * * * *
(4) Fishing outside the U&A fishing
(c) The Pacific Coast treaty Indian RIN 0648–XE667
area or without a groundfish allocation.
Fishing by a member of a Pacific Coast tribes’ U&A fishing areas within the EEZ
Fisheries of the Exclusive Economic
treaty Indian tribe outside the are set forth in § 660.4 of this chapter. Zone Off Alaska; Other Hook-and-Line
applicable Indian tribe’s U&A fishing (d) Procedures. The rights referred to Fishery by Catcher Vessels in the Gulf
area, or for a species of groundfish not in paragraph (a) of this section will be of Alaska
covered by an allocation, set-aside, or implemented by the Secretary of
regulation under this section, is subject AGENCY: National Marine Fisheries
Commerce, after consideration of the
to the regulations in the other sections Service (NMFS), National Oceanic and
tribal request, the recommendation of
of subpart C through subpart G of this Atmospheric Administration (NOAA),
the Council, and the comments of the Commerce.
part. Treaty fisheries operating within
public. The rights will be implemented
tribal allocations are prohibited from ACTION: Temporary rule; closure.
either through an allocation of fish that
operating outside the U&A fishing areas
will be managed by the tribes, or SUMMARY: NMFS is prohibiting directed
described at § 660.4, subpart A.
through regulations that will apply fishing for groundfish, other than
* * * * * specifically to the tribal fisheries. An demersal shelf rockfish or sablefish
(g) * * * allocation or a regulation specific to the managed under the Individual Fishing
(11) EFH. Measures implemented to tribes shall be initiated by a written Quota Program, by catcher vessels (C/
minimize adverse impacts to groundfish Vs) using hook-and-line gear in the Gulf
request from a Pacific Coast treaty
EFH, as described in § 660.12 of this of Alaska (GOA). This action is
Indian tribe to the NMFS West Coast
subpart, do not apply to tribal fisheries necessary because the Pacific halibut
in their U&A fishing areas described at Regional Administrator, at least 120
days prior to the time the allocation is bycatch allowance specified for the
§ 660.4, subpart A. other hook-and-line fishery by C/Vs in
desired to be effective, and will be
■ 6. In 660.112, revise paragraph (c)(2) the GOA has been reached.
subject to public review through the
to read as follows: DATES: Effective 1200 hours, Alaska
Council process. The Secretary of
§ 660.112 Trawl fishery—prohibitions. Commerce recognizes the sovereign local time (A.l.t.), June 10, 2016, until
status and co-manager role of Indian 2400 hours A.l.t., December 31, 2016.
* * * * *
tribes over shared Federal and tribal FOR FURTHER INFORMATION CONTACT:
(c) * * *
(2) During times or in areas where at- fishery resources. Accordingly, the Obren Davis, 907–586–7228.
sea processing is prohibited, take and Secretary of Commerce will develop SUPPLEMENTARY INFORMATION: NMFS
retain or receive Pacific whiting, except tribal allocations and regulations in manages the groundfish fishery in the
as cargo or fish waste, on a vessel in the consultation with the affected tribe(s) GOA exclusive economic zone
fishery management area that already and, insofar as possible, with tribal according to the Fishery Management
has processed Pacific whiting on board. consensus. Plan for Groundfish of the Gulf of
An exception to this prohibition is Alaska (FMP) prepared by the North
* * * * *
provided if the fish are received within Pacific Fishery Management Council
the tribal U&A fishing area, described at (f) Fishing (on a tribal allocation or (Council) under authority of the
§ 660.4, subpart A, from a member of a under a Federal regulation applicable to Magnuson-Stevens Fishery
Pacific Coast treaty Indian tribe fishing tribal fisheries) by a member of a Pacific Conservation and Management Act.
under § 660.50, subpart C. Coast treaty Indian tribe within that Regulations governing fishing by U.S.
tribe’s U&A fishing area is not subject to vessels in accordance with the FMP
* * * * *
provisions of the HMS regulations appear at subpart H of 50 CFR part 600
■ 7. In § 660.518, revise paragraphs (a) and 50 CFR part 679.
applicable to non-treaty fisheries.
and (b) to read as follows: The Pacific halibut bycatch allowance
* * * * *
§ 660.518 Pacific Coast Treaty Indian specified for the other hook-and-line
(h) Fishing by a member of a Pacific fishery by C/Vs in the GOA is 129
Rights.
Coast treaty Indian tribe outside that metric tons as established by the final
(a) Pacific Coast treaty Indian tribes tribe’s U&A fishing area, or for a species 2016 and 2017 harvest specifications for
have treaty rights to harvest CPS in their of HMS not covered by a treaty groundfish of the GOA (81 FR 14740,
usual and accustomed fishing areas in allocation or applicable Federal March 18, 2016).
the EEZ. In accordance with § 679.21(d)(6)(ii),
regulation, is subject to the HMS
(b) For the purposes of this section, the Administrator, Alaska Region,
regulations applicable to non-treaty
Pacific Coast treaty Indian tribes means NMFS, has determined that the Pacific
fisheries.
the Hoh, Makah, and Quileute Indian halibut bycatch allowance specified for
Tribes and the Quinault Indian Nation, [FR Doc. 2016–13469 Filed 6–7–16; 8:45 am]
the other hook-and-line fishery by C/Vs
ehiers on DSK5VPTVN1PROD with RULES

and their ‘‘usual and accustomed fishing BILLING CODE 3510–22–P
in the GOA has been reached.
areas’’ are described at § 660.4, subpart Consequently, NMFS is prohibiting
A. directed fishing for groundfish, other
* * * * * than demersal shelf rockfish or sablefish
■ 8. In § 660.706, revise paragraphs (a), managed under the Individual Fishing
(c), (d), (f) and (h) to read as follows: Quota Program, by C/Vs using hook-

VerDate Sep<11>2014 14:36 Jun 07, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\08JNR1.SGM 08JNR1

$Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations 36809 and-line gear in the GOA. After the impracticable and contrary to the public 553(d)(3). This finding is based upon effective date of this closure the interest. This requirement is the reasons provided above for waiver of maximum retainable amounts at impracticable and contrary to the public prior notice and opportunity for public § 679.20(e) and (f) apply at any time interest as it would prevent NMFS from comment. during a trip. responding to the most recent fisheries This action is required by § 679.20 Classification data in a timely fashion and would and § 679.21 and is exempt from review delay closure of the other hook-and-line under Executive Order 12866. This action responds to the best fishery by C/Vs in the GOA. NMFS was available information recently obtained Authority: 16 U.S.C. 1801 et seq. unable to publish a notice providing from the fishery. The Assistant Dated: June 2, 2016. Administrator for Fisheries, NOAA time for public comment because the (AA), finds good cause to waive the most recent, relevant data only became Alan D. Risenhoover, requirement to provide prior notice and available as of June 1, 2016. Director, Office of Sustainable Fisheries, opportunity for public comment The AA also finds good cause to National Marine Fisheries Service. pursuant to the authority set forth at 5 waive the 30-day delay in the effective [FR Doc. 2016–13454 Filed 6–7–16; 8:45 am] U.S.C. 553(b)(B) as such requirement is date of this action under 5 U.S.C. BILLING CODE 3510–22–P ehiers on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 14:36 Jun 07, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 E:\FR\FM\08JNR1.SGM 08JNR1$

Document Created: 2016-06-08 03:10:42
Document Modified: 2016-06-08 03:10:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; closure.
Dates		Effective 1200 hours, Alaska local time (A.l.t.), June 10, 2016, until 2400 hours A.l.t., December 31, 2016.
Contact		Obren Davis, 907-586-7228.
FR Citation		81 FR 36808
RIN Number		0648-XE66

81 FR 36808 - Fisheries of the Exclusive Economic Zone Off Alaska; Other Hook-and-Line Fishery by Catcher Vessels in the Gulf of Alaska

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 110 (June 8, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration