81_FR_38224 81 FR 38111 - Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for Vessels Participating in the BSAI Trawl Limited Access Fishery in the Bering Sea and Aleutian Islands Management Area

81 FR 38111 - Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for Vessels Participating in the BSAI Trawl Limited Access Fishery in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range38111-38112
FR Document2016-13952

NMFS is prohibiting directed fishing for yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2016 allocation of yellowfin sole total allowable catch for vessels participating in the BSAI trawl limited access fishery in the BSAI.

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016) 
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38111-38112]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13952]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE669


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole for Vessels Participating in the BSAI Trawl Limited Access Fishery 
in the Bering Sea and Aleutian Islands Management Area

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 yellowfin sole in the 
Bering Sea and Aleutian Islands management area (BSAI) for vessels 
participating in the BSAI trawl limited access fishery. This action is 
necessary to prevent exceeding the 2016 allocation of yellowfin sole 
total allowable catch for

[[Page 38112]]

vessels participating in the BSAI trawl limited access fishery in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 8, 2016, 
through 2400 hrs, A.l.t., December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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.
    The 2016 allocation of yellowfin sole total allowable catch for 
vessels participating in the BSAI trawl limited access fishery in the 
BSAI is 14,979 metric tons (mt) as established by the final 2016 and 
2017 harvest specifications for groundfish in the BSAI (81 FR 14773, 
March 18, 2016). In accordance with Sec.  679.20(d)(1)(i), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2016 allocation of yellowfin sole total allowable 
catch for vessels participating in the BSAI trawl limited access 
fishery in the BSAI will soon be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 14,879 
mt, and is setting aside the remaining 100 mt as incidental catch. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for yellowfin sole 
for vessels participating in the BSAI trawl limited access fishery in 
the BSAI.
    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 directed fishing for yellowfin sole by 
vessels fishing in the BSAI trawl limited access fishery in the BSAI. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of June 
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.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: June 8, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-13952 Filed 6-8-16; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 38111 implementing the requirement to close the Regional Administrator to close a and the 30-day delayed effectiveness the recreational components when the common pool Trimester Total period because it would be ACTs are projected to be reached have Allowable Catch (TAC) Area for a stock impracticable and contrary to the public already been subject to notice and when 90 percent of the Trimester TAC interest. comment, and all that remains is to is projected to be caught. The closure The regulations require the Regional notify the public of the extension. applies to all common pool vessels Administrator to close a trimester TAC Providing prior notice and opportunity fishing with gear capable of catching area to the common pool fishery when for public comment are contrary to the that stock for the remainder of the 90 percent of the Trimester TAC for a public interest because of the need to trimester. stock has been caught. Updated catch immediately implement this action to As of May 31, 2016, the common pool information only recently became allow for a limited extended season. fishery caught approximately 62 percent available indicating that the common Prior notice and opportunity for public of the Trimester 1 TAC (2.1 mt) for pool fishery has caught 90 percent of its comment would require time and would witch flounder. We project that 90 Trimester 1 TAC for witch flounder as not allow for the extension of the percent of the Trimester 1 TAC will be of June 8, 2016. The time necessary to season. caught by June 8, 2016. The fishing year provide for prior notice and comment, For the aforementioned reasons, the 2016 common pool sub-annual catch and a 30-day delay in effectiveness, AA also finds good cause to waive the limit (sub-ACL) for witch flounder is 8 prevents the immediate closure of the 30-day delay in the effectiveness of this mt. witch flounder Trimester 1 TAC Area. action under 5 U.S.C. 553(d)(3). Effective June 8, 2016, the witch This increases the likelihood that the Authority: 16 U.S.C. 1801 et seq. flounder Trimester TAC Area is closed common pool fishery exceeds its quota for the remainder of Trimester 1, of witch flounder to the detriment of Dated: June 8, 2016. through August 31, 2016, to all common this stock, which could undermine Alan D. Risenhoover, pool vessels fishing with trawl gear. The management objectives of the Northeast Director, Office of Sustainable Fisheries, witch flounder Trimester TAC Area Multispecies Fishery Management Plan. National Marine Fisheries Service. consists of statistical areas 512, 513, Additionally, an overage of the common [FR Doc. 2016–13909 Filed 6–8–16; 4:15 pm] 514, 515, 521, 522, and 525. The area pool quota could cause negative BILLING CODE 3510–22–P reopens at the beginning of Trimester 2 economic impacts to the common pool on September 1, 2016. fishery as a result of overage paybacks If a vessel declared its trip through the in a future trimester or fishing year. DEPARTMENT OF COMMERCE Vessel Monitoring System (VMS) or the Authority: 16 U.S.C. 1801 et seq. interactive voice response system, and National Oceanic and Atmospheric Dated: June 8, 2016. crossed the VMS demarcation line prior Administration Alan D. Risenhoover, to June 8, 2016, it may complete its trip within the Trimester TAC Area. Director, Office of Sustainable Fisheries, 50 CFR Part 648 Any overage of the Trimester 1 or 2 National Marine Fisheries Service. [Docket No. 151211999–6343–02] TACs must be deducted from the [FR Doc. 2016–13929 Filed 6–8–16; 4:15 pm] RIN 0648–XE670 Trimester 3 TAC. If the common pool BILLING CODE 3510–22–P fishery exceeds its sub-ACL for the 2016 Fisheries of the Northeastern United fishing year, the overage must be States; Northeast Multispecies deducted from the common pool’s sub- DEPARTMENT OF COMMERCE Fishery; Trimester Total Allowable ACL for fishing year 2017. Any Catch Area Closure for the Common uncaught portion of the Trimester 1 and National Oceanic and Atmospheric Pool Fishery Trimester 2 TACs is carried over into Administration the next trimester. However, any AGENCY: National Marine Fisheries uncaught portion of the common pool’s 50 CFR Part 679 Service (NMFS), National Oceanic and sub-ACL may not be carried over into [Docket No. 150916863–6211–02] Atmospheric Administration (NOAA), the following fishing year. Commerce. Weekly quota monitoring reports for RIN 0648–XE669 ACTION: Temporary rule; area closure. the common pool fishery are on our Fisheries of the Exclusive Economic Web site at: http:// SUMMARY: This action closes the witch Zone Off Alaska; Yellowfin Sole for www.greateratlantic.fisheries.noaa.gov/ flounder Trimester Total Allowable Vessels Participating in the BSAI Trawl ro/fso/MultiMonReports.htm. We will Catch Area to Northeast multispecies Limited Access Fishery in the Bering continue to monitor common pool catch common pool vessels fishing with trawl Sea and Aleutian Islands Management gear for the remainder of Trimester 1, through vessel trip reports, dealer- Area through August 31, 2016. The closure is reported landings, VMS catch reports, and other available information and, if AGENCY: National Marine Fisheries required by regulation because the common pool fishery has caught 90 necessary, we will make additional Service (NMFS), National Oceanic and percent of its Trimester 1 quota for adjustments to common pool Atmospheric Administration (NOAA), witch flounder. This closure is intended management measures. Commerce. to prevent an overage of the common ACTION: Temporary rule; closure. Classification pool’s quota for this stock. This action is required by 50 CFR part SUMMARY: NMFS is prohibiting directed mstockstill on DSK3G9T082PROD with RULES DATES: This action is effective June 8, 648 and is exempt from review under fishing for yellowfin sole in the Bering 2016, through August 31, 2016. Executive Order 12866. Sea and Aleutian Islands management FOR FURTHER INFORMATION CONTACT: Liz The Assistant Administrator for area (BSAI) for vessels participating in Scheimer, Fishery Management Fisheries, NOAA, finds good cause the BSAI trawl limited access fishery. Specialist, (978) 281–9236. pursuant to 5 U.S.C. 553(b)(B) and 5 This action is necessary to prevent SUPPLEMENTARY INFORMATION: Federal U.S.C. 553(d)(3) to waive prior notice exceeding the 2016 allocation of regulations at § 648.82(n)(2)(ii) require and the opportunity for public comment yellowfin sole total allowable catch for VerDate Sep<11>2014 16:33 Jun 10, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1

38112 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations vessels participating in the BSAI trawl (Regional Administrator), has impracticable and contrary to the public limited access fishery in the BSAI. determined that the 2016 allocation of interest. This requirement is DATES: Effective 1200 hrs, Alaska local yellowfin sole total allowable catch for impracticable and contrary to the public time (A.l.t.), June 8, 2016, through 2400 vessels participating in the BSAI trawl interest as it would prevent NMFS from hrs, A.l.t., December 31, 2016. limited access fishery in the BSAI will responding to the most recent fisheries soon be reached. Therefore, the Regional data in a timely fashion and would FOR FURTHER INFORMATION CONTACT: Administrator is establishing a directed delay the closure of directed fishing for Steve Whitney, 907–586–7228. fishing allowance of 14,879 mt, and is yellowfin sole by vessels fishing in the SUPPLEMENTARY INFORMATION: NMFS setting aside the remaining 100 mt as BSAI trawl limited access fishery in the manages the groundfish fishery in the incidental catch. In accordance with BSAI. NMFS was unable to publish a BSAI according to the Fishery § 679.20(d)(1)(iii), the Regional notice providing time for public Management Plan for Groundfish of the Administrator finds that this directed comment because the most recent, Bering Sea and Aleutian Islands fishing allowance has been reached. relevant data only became available as Management Area (FMP) prepared by Consequently, NMFS is prohibiting of June 7, 2016. the North Pacific Fishery Management directed fishing for yellowfin sole for The AA also finds good cause to Council under authority of the vessels participating in the BSAI trawl waive the 30-day delay in the effective Magnuson-Stevens Fishery limited access fishery in the BSAI. date of this action under 5 U.S.C. Conservation and Management Act. After the effective date of this closure 553(d)(3). This finding is based upon Regulations governing fishing by U.S. the maximum retainable amounts at the reasons provided above for waiver of vessels in accordance with the FMP § 679.20(e) and (f) apply at any time prior notice and opportunity for public appear at subpart H of 50 CFR part 600 during a trip. comment. and 50 CFR part 679. This action is required by § 679.20 The 2016 allocation of yellowfin sole Classification and is exempt from review under total allowable catch for vessels This action responds to the best Executive Order 12866. participating in the BSAI trawl limited available information recently obtained Authority: 16 U.S.C. 1801 et seq. access fishery in the BSAI is 14,979 from the fishery. The Assistant metric tons (mt) as established by the Administrator for Fisheries, NOAA Dated: June 8, 2016. final 2016 and 2017 harvest (AA), finds good cause to waive the Alan D. Risenhoover, specifications for groundfish in the requirement to provide prior notice and Director, Office of Sustainable Fisheries, BSAI (81 FR 14773, March 18, 2016). In opportunity for public comment National Marine Fisheries Service. accordance with § 679.20(d)(1)(i), the pursuant to the authority set forth at 5 [FR Doc. 2016–13952 Filed 6–8–16; 4:15 pm] Administrator, Alaska Region, NMFS U.S.C. 553(b)(B) as such requirement is BILLING CODE 3510–22–P mstockstill on DSK3G9T082PROD with RULES VerDate Sep<11>2014 16:33 Jun 10, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4700 Sfmt 9990 E:\FR\FM\13JNR1.SGM 13JNR1


Document Created: 2018-02-08 07:40:06
Document Modified: 2018-02-08 07:40:06
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 hrs, Alaska local time (A.l.t.), June 8, 2016, through 2400 hrs, A.l.t., December 31, 2016.
ContactSteve Whitney, 907-586-7228.
FR Citation81 FR 38111 
RIN Number0648-XE66
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