81 FR 5381 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 21 (February 2, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 21 (February 2, 2016)
| Page Range | 5381-5382 | |
| FR Document | 2016-01851 |
[Federal Register Volume 81, Number 21 (Tuesday, February 2, 2016)] [Rules and Regulations] [Pages 5381-5382] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01851] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02] RIN 0648-XE418 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors 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. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher/processors using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2016 Pacific cod total allowable catch allocated to catcher/processors using pot gear in the BSAI. DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 29, 2016, through 1200 hours, A.l.t., September 1, 2016. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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 A season apportionment of the 2016 Pacific cod total allowable catch (TAC) allocated to catcher/processors using pot gear in the BSAI is 1,712 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) and inseason adjustment (81 FR 184, January 5, 2016). In accordance with Sec. 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the A season apportionment of the 2016 Pacific cod TAC allocated as a directed fishing allowance to catcher/processors using pot gear in the BSAI will soon be reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by pot catcher/processors 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 [[Page 5382]] responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for Pacific cod by pot catcher/processors in the BSAI. NMFS was unable to publish a document providing time for public comment because the most recent, relevant data only became available as of January 27, 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: January 28, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-01851 Filed 1-28-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations 5381
coverage areas. These techniques are technology implementation on other Sea and Aleutian Islands management
known as Modulation Dependent AM stations. area (BSAI). This action is necessary to
Carrier Level (MDCL) control AM broadcasters are allowed to prevent exceeding the A season
technologies. implement MDCL technologies without apportionment of the 2016 Pacific cod
There are two basic types of MDCL prior authorization, by electronic total allowable catch allocated to
control technologies. In one type, the notification within 10 days of catcher/processors using pot gear in the
carrier power is reduced at low commencing MDCL operations, the BSAI.
modulation levels and increased at Commission created FCC Form 338, AM DATES: Effective 1200 hours, Alaska
higher modulation levels. In the other Station Modulation Dependent Carrier local time (A.l.t.), January 29, 2016,
type, there is full carrier power at low Level (MDCL) Notification. In addition through 1200 hours, A.l.t., September 1,
modulation levels and reduced carrier to the standard general contact 2016.
power and sideband powers at higher information, FCC Form 338 solicits FOR FURTHER INFORMATION CONTACT: Josh
modulation levels. Use of any of these minimal technical data, as well as the Keaton, 907–586–7228.
MDCL control technologies reduces the date that MDCL control operation
SUPPLEMENTARY INFORMATION: NMFS
station’s antenna input power to levels commenced.
The following rule section is also manages the groundfish fishery in the
not permitted by 47 CFR 73.1560(a). BSAI exclusive economic zone
The MDCL Public Notice permitted covered by this information collection:
47 CFR 73.1560(a)(1) specifies the according to the Fishery Management
AM station licensees wanting to use Plan for Groundfish of the Bering Sea
MDCL control technologies to seek limits on antenna input power for AM
stations. AM stations using MDCL and Aleutian Islands Management Area
either a permanent waiver of 47 CFR (FMP) prepared by the North Pacific
73.1560(a) for those licensees already control technologies are not required to
adhere to these operating power Fishery Management Council under
certain of the particular MDCL control authority of the Magnuson-Stevens
technology to be used, or an parameters. AM stations may, without
prior Commission authority, commence Fishery Conservation and Management
experimental authorization pursuant to Act. Regulations governing fishing by
47 CFR 73.1510 for those licensees MDCL control technology use, provided
that within ten days after commencing U.S. vessels in accordance with the FMP
wishing to determine which of the appear at subpart H of 50 CFR part 600
MDCL control technologies would result such operation, the licensee submits an
electronic notification of and 50 CFR part 679.
in maximum cost savings and minimum The A season apportionment of the
effects on the station’s coverage area and commencement of MDCL operation
using FCC Form 338. OMB preapproved 2016 Pacific cod total allowable catch
audio quality. Since release of the (TAC) allocated to catcher/processors
MDCL Public Notice, 33 permanent the information collection requirements
contained in FCC 13–139 on January 28, using pot gear in the BSAI is 1,712
waiver requests and 20 experimental metric tons (mt) as established by the
requests authorizing use of MDCL 2014. The final information collection
requirements were adopted as proposed final 2015 and 2016 harvest
control technologies have been granted specifications for groundfish in the
by the Bureau. in FCC 15–142. OMB approved the final
information collection requirements on BSAI (80 FR 11919, March 5, 2015) and
AM station licensees using MDCL inseason adjustment (81 FR 184, January
control technologies have reported January 19, 2016.
5, 2016).
significant savings on electrical power Federal Communications Commission. In accordance with § 679.20(d)(1)(iii),
costs and few, if any, perceptible effects Gloria J. Miles, the Administrator, Alaska Region,
on station coverage area and audio Federal Register Liaison Officer, Office of the NMFS (Regional Administrator), has
quality. Accordingly, the NPRM Secretary. determined that the A season
tentatively concluded that use of MDCL [FR Doc. 2016–01321 Filed 2–1–16; 8:45 am] apportionment of the 2016 Pacific cod
control technologies reduces AM BILLING CODE 6712–01–P TAC allocated as a directed fishing
broadcasters’ operating costs while allowance to catcher/processors using
maintaining a station’s current level of pot gear in the BSAI will soon be
service to the public, without DEPARTMENT OF COMMERCE reached. Consequently, NMFS is
interference to other stations. The prohibiting directed fishing for Pacific
Commission therefore, proposed wider National Oceanic and Atmospheric cod by pot catcher/processors in the
implementation of MDCL control Administration BSAI.
technologies by amending 47 CFR After the effective date of this closure
73.1560(a), to provide that an AM 50 CFR Part 679 the maximum retainable amounts at
station may commence operation using § 679.20(e) and (f) apply at any time
[Docket No. 141021887–5172–02]
MDCL control technology without prior during a trip.
Commission authority, provided that RIN 0648–XE418
the AM station licensee notifies the Classification
Commission of the station’s MDCL Fisheries of the Exclusive Economic This action responds to the best
control operation within 10 days after Zone Off Alaska; Pacific Cod by Pot available information recently obtained
commencement of such operation using Catcher/Processors in the Bering Sea from the fishery. The Assistant
the Bureau’s Consolidated Database and Aleutian Islands Management Area Administrator for Fisheries, NOAA
System (CDBS). The NPRM solicited AGENCY: National Marine Fisheries (AA), finds good cause to waive the
comments on the proposed rule change, Service (NMFS), National Oceanic and requirement to provide prior notice and
as well as on the potential adverse opportunity for public comment
wgreen on DSK2VPTVN1PROD with RULES
Atmospheric Administration (NOAA),
effects of allowing AM stations to Commerce. pursuant to the authority set forth at 5
commence MDCL control technology ACTION: Temporary rule; closure. U.S.C. 553(b)(B) as such requirement is
operation without prior Commission impracticable and contrary to the public
authority. The NPRM also sought SUMMARY: NMFS is prohibiting directed interest. This requirement is
comment as to the potential adverse fishing for Pacific cod by catcher/ impracticable and contrary to the public
effects, if any, of MDCL control processors using pot gear in the Bering interest as it would prevent NMFS from
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![5382 Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations
responding to the most recent fisheries The AA also finds good cause to Authority: 16 U.S.C. 1801 et seq.
data in a timely fashion and would waive the 30-day delay in the effective Dated: January 28, 2016.
delay the closure of directed fishing for date of this action under 5 U.S.C.
Emily H. Menashes,
Pacific cod by pot catcher/processors in 553(d)(3). This finding is based upon
the reasons provided above for waiver of Acting Director, Office of Sustainable
the BSAI. NMFS was unable to publish Fisheries, National Marine Fisheries Service.
a document providing time for public prior notice and opportunity for public
comment. [FR Doc. 2016–01851 Filed 1–28–16; 4:15 pm]
comment because the most recent,
relevant data only became available as This action is required by § 679.20 BILLING CODE 3510–22–P
of January 27, 2016. and is exempt from review under
Executive Order 12866.
wgreen on DSK2VPTVN1PROD with RULES
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Document Created: 2016-02-02 00:32:14
Document Modified: 2016-02-02 00:32:14
| 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.), January 29, 2016, through 1200 hours, A.l.t., September 1, 2016. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 81 FR 5381 | |
| RIN Number | 0648-XE41 |
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