81_FR_57654 81 FR 57491 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

81 FR 57491 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range57491-57492
FR Document2016-20106

NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2016 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Pages 57491-57492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20106]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE828


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels less than 60 feet (18.3 meters) length overall (LOA) using 
hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
Management Area (BSAI). This action is necessary to fully use the 2016 
total allowable catch of Pacific cod allocated to catcher vessels less 
than 60 feet LOA using hook-and-line or pot gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
2016, through 2400 hours, A.l.t., December 31, 2016. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 6, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0118, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/

[[Page 57492]]

#!docketDetail;D=NOAA-NMFS-2015-0118, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit 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 
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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet LOA using hook-and-line or pot gear in the BSAI under 
Sec.  679.20(d)(1)(iii) on February 5, 2016 (81 FR 7037, February 10, 
2016).
    NMFS has determined that as of August 17, 2016, approximately 1,511 
metric tons of Pacific cod remain in the 2016 Pacific cod apportionment 
for catcher vessels less than 60 feet LOA using hook-and-line or pot 
gear in the BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2016 total 
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet LOA using hook-and-line or pot gear 
in the BSAI. The Administrator, Alaska Region, NMFS, (Regional 
Administrator) considered the following factors in reaching this 
decision: (1) The current catch of Pacific cod by catcher vessels less 
than 60 feet LOA using hook-and-line or pot gear in the BSAI 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 Pacific cod by catcher 
vessels less than 60 feet LOA using hook-and-line or pot gear in the 
BSAI. Immediate notification is necessary to allow for the orderly 
conduct and efficient operation of this fishery, to allow the industry 
to plan for the fishing season, and to avoid potential disruption to 
the fishing fleet and processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of August 17, 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 fishery 
for Pacific cod by catcher vessels less than 60 feet LOA using hook-
and-line or pot gear in the BSAI 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 September 6, 2016.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 18, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-20106 Filed 8-22-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations                                              57491

                                           DEPARTMENT OF COMMERCE                                  § 679.20(a)(7)(ii)(A)(1). Therefore, in               recent, relevant data only became
                                                                                                   accordance with § 679.20(a)(7)(iii)(A),               available as of August 17, 2016.
                                           National Oceanic and Atmospheric                        NMFS apportions 1,000 mt of Pacific                     The AA also finds good cause to
                                           Administration                                          cod to the annual amount specified for                waive the 30-day delay in the effective
                                                                                                   catcher vessels less than 60 feet LOA                 date of this action under 5 U.S.C.
                                           50 CFR Part 679                                         using hook-and-line or pot gear.                      553(d)(3). This finding is based upon
                                                                                                     The 2016 Pacific cod TAC specified                  the reasons provided above for waiver of
                                           [Docket No. 150916863–6211–02]
                                                                                                   for catcher vessels greater than or equal             prior notice and opportunity for public
                                           RIN 0648–XE827                                          to 60 feet LOA using hook-and-line gear               comment.
                                                                                                   in the BSAI is 448 mt as established by                 This action is required by § 679.20
                                           Fisheries of the Exclusive Economic                     the final 2016 and 2017 harvest                       and is exempt from review under
                                           Zone Off Alaska; Reallocation of                        specifications for groundfish in the                  Executive Order 12866.
                                           Pacific Cod in the Bering Sea and                       BSAI (81 FR 14773, March 18, 2016).                     Authority: 16 U.S.C. 1801 et seq.
                                           Aleutian Islands Management Area                        The Regional Administrator has
                                                                                                                                                           Dated: August 18, 2016.
                                           AGENCY:  National Marine Fisheries                      determined that catcher vessels greater
                                                                                                   than or equal to 60 feet LOA using hook-              Alan D. Risenhoover,
                                           Service (NMFS), National Oceanic and                                                                          Director, Office of Sustainable Fisheries,
                                           Atmospheric Administration (NOAA),                      and-line gear will not be able to harvest
                                                                                                   448 mt of the remaining 2016 Pacific                  National Marine Fisheries Service.
                                           Commerce.                                                                                                     [FR Doc. 2016–20105 Filed 8–22–16; 8:45 am]
                                                                                                   cod TAC allocated to those vessels
                                           ACTION: Temporary rule; reallocation.
                                                                                                   under § 679.20(a)(7)(ii)(A)(3). Therefore,            BILLING CODE 3510–22–P

                                           SUMMARY:   NMFS is reallocating the                     in accordance with § 679.20(a)(7)(iii)(A),
                                           projected unused amount of Pacific cod                  NMFS apportions 448 mt of Pacific cod
                                                                                                   to catcher vessels less than 60 feet LOA              DEPARTMENT OF COMMERCE
                                           from vessels using jig gear and catcher
                                           vessels greater than or equal to 60 feet                using hook-and-line or pot gear.                      National Oceanic and Atmospheric
                                           (18.3 meters) length overall (LOA) using                  The harvest specifications for Pacific              Administration
                                           hook-and-line gear to catcher vessels                   cod included in the final 2016 harvest
                                           less than 60 feet (18.3 meters) LOA                     specifications for groundfish in the                  50 CFR Part 679
                                           using hook-and-line or pot gear in the                  BSAI (81 FR 14773, March 18, 2016)
                                           Bering Sea and Aleutian Islands                         and inseason adjustment (81 FR 5627,                  [Docket No. 150916863–6211–02]
                                           management area. This action is                         February 3, 2016) are revised as follows:             RIN 0648–XE828
                                           necessary to allow the 2016 total                       394 mt for vessels using jig gear, 0 mt
                                           allowable catch of Pacific cod to be                    for catcher vessels greater than or equal             Fisheries of the Exclusive Economic
                                           harvested.                                              to 60 feet LOA using hook-and-line gear,              Zone Off Alaska; Pacific Cod in the
                                                                                                   and 7,674 mt to catcher vessels less than             Bering Sea and Aleutian Islands
                                           DATES:   Effective August 22, 2016                      60 feet LOA using hook-and-line or pot                Management Area
                                           through 2400 hours, Alaska local time                   gear.
                                           (A.l.t.), December 31, 2016.                                                                                  AGENCY:  National Marine Fisheries
                                           FOR FURTHER INFORMATION CONTACT:                        Classification                                        Service (NMFS), National Oceanic and
                                           Obren Davis, 907–586–7228.                                 This action responds to the best                   Atmospheric Administration (NOAA),
                                           SUPPLEMENTARY INFORMATION: NMFS                         available information recently obtained               Commerce.
                                           manages the groundfish fishery in the                   from the fishery. The Assistant                       ACTION: Temporary rule; modification of
                                           Bering Sea and Aleutian Islands (BSAI)                  Administrator for Fisheries, NOAA                     a closure.
                                           according to the Fishery Management                     (AA), finds good cause to waive the
                                           Plan for Groundfish of the Bering Sea                   requirement to provide prior notice and               SUMMARY:   NMFS is opening directed
                                           and Aleutian Islands Management Area                    opportunity for public comment                        fishing for Pacific cod by catcher vessels
                                           (FMP) prepared by the North Pacific                     pursuant to the authority set forth at 5              less than 60 feet (18.3 meters) length
                                           Fishery Management Council under                        U.S.C. 553(b)(B) as such requirement is               overall (LOA) using hook-and-line or
                                           authority of the Magnuson-Stevens                       impracticable and contrary to the public              pot gear in the Bering Sea and Aleutian
                                           Fishery Conservation and Management                     interest. This requirement is                         Islands Management Area (BSAI). This
                                           Act. Regulations governing fishing by                   impracticable and contrary to the public              action is necessary to fully use the 2016
                                           U.S. vessels in accordance with the FMP                 interest as it would prevent NMFS from                total allowable catch of Pacific cod
                                           appear at subpart H of 50 CFR part 600                  responding to the most recent fisheries               allocated to catcher vessels less than 60
                                           and 50 CFR part 679.                                    data in a timely fashion and would                    feet LOA using hook-and-line or pot
                                              The 2016 Pacific cod total allowable                 delay the reallocation of Pacific cod                 gear in the BSAI.
                                           catch (TAC) specified for vessels using                 specified from other sectors to catcher               DATES: Effective 1200 hours, Alaska
                                           jig gear in the BSAI is 1,394 metric tons               vessels less than 60 feet LOA using                   local time (A.l.t.), September 1, 2016,
                                           (mt) as established by the final 2016 and               hook-and-line or pot gear. Since the                  through 2400 hours, A.l.t., December 31,
                                           2017 harvest specifications for                         fishery is currently open, it is important            2016. Comments must be received at the
                                           groundfish in the BSAI (81 FR 14773,                    to immediately inform the industry as to              following address no later than 4:30
                                           March 18, 2016) and one inseason                        the revised allocations. Immediate                    p.m., A.l.t., September 6, 2016.
                                           adjustment (81 FR 5627, February 3,                     notification is necessary to allow for the            ADDRESSES: You may submit comments
                                           2016).                                                  orderly conduct and efficient operation               on this document, identified by NOAA–
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                                              The Administrator, Alaska Region,                    of this fishery, to allow the industry to             NMFS–2015–0118, by any of the
                                           NMFS, (Regional Administrator) has                      plan for the fishing season, and to avoid             following methods:
                                           determined that jig vessels will not be                 potential disruption to the fishing fleet                • Electronic Submission: Submit all
                                           able to harvest 1,000 mt of the                         as well as processors. NMFS was unable                electronic public comments via the
                                           remaining 2016 Pacific cod TAC                          to publish a notice providing time for                Federal e-Rulemaking Portal. Go to
                                           allocated to those vessels under                        public comment because the most                       www.regulations.gov/


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                                           57492             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations

                                           #!docketDetail;D=NOAA-NMFS-2015-                           NMFS closed directed fishing for                   responding to the most recent fisheries
                                           0118, click the ‘‘Comment Now!’’ icon,                  Pacific cod by catcher vessels less than              data in a timely fashion and would
                                           complete the required fields, and enter                 60 feet LOA using hook-and-line or pot                delay the opening of directed fishing for
                                           or attach your comments.                                gear in the BSAI under                                Pacific cod by catcher vessels less than
                                              • Mail: Submit written comments to                   § 679.20(d)(1)(iii) on February 5, 2016               60 feet LOA using hook-and-line or pot
                                           Glenn Merrill, Assistant Regional                       (81 FR 7037, February 10, 2016).                      gear in the BSAI. Immediate notification
                                           Administrator, Sustainable Fisheries                       NMFS has determined that as of                     is necessary to allow for the orderly
                                           Division, Alaska Region NMFS, Attn:                     August 17, 2016, approximately 1,511                  conduct and efficient operation of this
                                           Ellen Sebastian. Mail comments to P.O.                  metric tons of Pacific cod remain in the              fishery, to allow the industry to plan for
                                           Box 21668, Juneau, AK 99802–1668.                       2016 Pacific cod apportionment for                    the fishing season, and to avoid
                                              Instructions: Comments sent by any                   catcher vessels less than 60 feet LOA                 potential disruption to the fishing fleet
                                           other method, to any other address or                   using hook-and-line or pot gear in the                and processors. NMFS was unable to
                                           individual, or received after the end of                BSAI. Therefore, in accordance with                   publish a notice providing time for
                                           the comment period, may not be                          § 679.25(a)(1)(i), (a)(2)(i)(C), and                  public comment because the most
                                           considered by NMFS. All comments                        (a)(2)(iii)(D), and to fully use the 2016             recent, relevant data only became
                                           received are a part of the public record                total allowable catch (TAC) of Pacific                available as of August 17, 2016.
                                           and will generally be posted for public                 cod in the BSAI, NMFS is terminating
                                           viewing on www.regulations.gov                                                                                   The AA also finds good cause to
                                                                                                   the previous closure and is opening                   waive the 30-day delay in the effective
                                           without change. All personal identifying                directed fishing for Pacific cod by
                                           information (e.g., name, address),                                                                            date of this action under 5 U.S.C.
                                                                                                   catcher vessels less than 60 feet LOA                 553(d)(3). This finding is based upon
                                           confidential business information, or                   using hook-and-line or pot gear in the
                                           otherwise sensitive information                                                                               the reasons provided above for waiver of
                                                                                                   BSAI. The Administrator, Alaska                       prior notice and opportunity for public
                                           submitted voluntarily by the sender will                Region, NMFS, (Regional Administrator)
                                           be publicly accessible. NMFS will                                                                             comment.
                                                                                                   considered the following factors in
                                           accept anonymous comments (enter ‘‘N/                   reaching this decision: (1) The current                  Without this inseason adjustment,
                                           A’’ in the required fields if you wish to               catch of Pacific cod by catcher vessels               NMFS could not allow the fishery for
                                           remain anonymous). Attachments to                       less than 60 feet LOA using hook-and-                 Pacific cod by catcher vessels less than
                                           electronic comments will be accepted in                 line or pot gear in the BSAI and, (2) the             60 feet LOA using hook-and-line or pot
                                           Microsoft Word, Excel, or Adobe PDF                     harvest capacity and stated intent on                 gear in the BSAI to be harvested in an
                                           file formats only.                                      future harvesting patterns of vessels in              expedient manner and in accordance
                                           FOR FURTHER INFORMATION CONTACT:                        participating in this fishery.                        with the regulatory schedule. Under
                                           Obren Davis, 907–586–7228.                                                                                    § 679.25(c)(2), interested persons are
                                           SUPPLEMENTARY INFORMATION: NMFS                         Classification                                        invited to submit written comments on
                                           manages the groundfish fishery in the                      This action responds to the best                   this action to the above address until
                                           BSAI exclusive economic zone                            available information recently obtained               September 6, 2016.
                                           according to the Fishery Management                     from the fishery. The Assistant                          This action is required by § 679.25
                                           Plan for Groundfish of the Bering Sea                   Administrator for Fisheries, NOAA                     and is exempt from review under
                                           and Aleutian Islands Management Area                    (AA), finds good cause to waive the                   Executive Order 12866.
                                           (FMP) prepared by the North Pacific                     requirement to provide prior notice and                 Authority: 16 U.S.C. 1801 et seq.
                                           Fishery Management Council under                        opportunity for public comment
                                           authority of the Magnuson-Stevens                       pursuant to the authority set forth at 5                Dated: August 18, 2016.
                                           Fishery Conservation and Management                     U.S.C. 553(b)(B) as such requirement is               Alan D. Risenhoover,
                                           Act. Regulations governing fishing by                   impracticable and contrary to the public              Director, Office of Sustainable Fisheries,
                                           U.S. vessels in accordance with the FMP                 interest. This requirement is                         National Marine Fisheries Service.
                                           appear at subpart H of 50 CFR part 600                  impracticable and contrary to the public              [FR Doc. 2016–20106 Filed 8–22–16; 8:45 am]
                                           and 50 CFR part 679.                                    interest as it would prevent NMFS from                BILLING CODE 3510–22–P
ehiers on DSK5VPTVN1PROD with RULES




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Document Created: 2018-02-09 11:40:20
Document Modified: 2018-02-09 11:40:20
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; modification of a closure.
DatesEffective 1200 hours, Alaska local time (A.l.t.), September 1, 2016, through 2400 hours, A.l.t., December 31, 2016. Comments must be
ContactObren Davis, 907-586-7228.
FR Citation81 FR 57491 
RIN Number0648-XE82

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