81 FR 61142 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 172 (September 6, 2016)

NMFS is opening directed fishing for Pacific cod by catcher/ processors using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the 2016 total allowable catch apportioned to catcher/processors using trawl gear in the Central Regulatory Area of the GOA.

[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61142-61143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21316]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE854


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processors Using Trawl Gear in the Central Regulatory Area 
of the Gulf of Alaska

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/
processors using trawl gear in the Central Regulatory Area of the Gulf 
of Alaska (GOA). This action is necessary to fully use the 2016 total 
allowable catch apportioned to catcher/processors using trawl gear in 
the Central Regulatory Area of the GOA.

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 21, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0110, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0110, 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 
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-

[[Page 61143]]

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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    NMFS closed directed fishing for Pacific cod by catcher/processors 
using trawl gear in the Central Regulatory Area of the GOA under Sec.  
679.20(d)(1)(iii) on January 1, 2016 pursuant to the final 2016 and 
2017 harvest specifications for groundfish of the Gulf of Alaska (81 FR 
14740, March 18, 2016).
    NMFS has determined that as of August 30, 2016, approximately 1,171 
metric tons of Pacific cod remain in the 2016 Pacific cod apportionment 
for catcher/processors using trawl gear in the Central Regulatory Area 
of the GOA. 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 Central Regulatory Area of 
the GOA, NMFS is terminating the previous closure and is opening 
directed fishing for Pacific cod by catcher/processors using trawl gear 
in the Central Regulatory Area of the GOA. The Administrator, Alaska 
Region, NMFS, (Regional Administrator) considered the following factors 
in reaching this decision: (1) The current catch of Pacific cod by 
catcher/processors using trawl gear in the Central Regulatory Area of 
the GOA 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/
processors using trawl gear in the Central Regulatory Area of 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 
August 30, 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/processors using trawl gear in the Central 
Regulatory Area of the GOA 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 21, 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 31, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-21316 Filed 8-31-16; 4:15 pm]
 BILLING CODE 3510-22-P