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)

Page Range		61142-61143
FR Document		2016-21316

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 Issue 172 (Tuesday, September 6, 2016)

[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

Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations 61143

Stevens Fishery Conservation and The AA also finds good cause to according to the Fishery Management
Management Act. Regulations governing waive the 30-day delay in the effective Plan for Groundfish of the Bering Sea
fishing by U.S. vessels in accordance date of this action under 5 U.S.C. and Aleutian Islands Management Area
with the FMP appear at subpart H of 50 553(d)(3). This finding is based upon (FMP) prepared by the North Pacific
CFR part 600 and 50 CFR part 679. the reasons provided above for waiver of Fishery Management Council under
Regulations governing sideboard prior notice and opportunity for public authority of the Magnuson-Stevens
protections for GOA groundfish comment. Fishery Conservation and Management
fisheries appear at subpart B of 50 CFR Without this inseason adjustment, Act. Regulations governing fishing by
part 680. NMFS could not allow the fishery for U.S. vessels in accordance with the FMP
NMFS closed directed fishing for Pacific cod by catcher/processors using appear at subpart H of 50 CFR part 600
Pacific cod by catcher/processors using trawl gear in the Central Regulatory and 50 CFR part 679.
trawl gear in the Central Regulatory Area of the GOA to be harvested in an The 2016 Pacific cod total allowable
Area of the GOA under expedient manner and in accordance catch (TAC) specified for AFA trawl
§ 679.20(d)(1)(iii) on January 1, 2016 with the regulatory schedule. Under C/Ps in the BSAI is 5,166 metric tons
pursuant to the final 2016 and 2017 § 679.25(c)(2), interested persons are (mt) as established by the final 2016 and
harvest specifications for groundfish of invited to submit written comments on 2017 harvest specifications for
the Gulf of Alaska (81 FR 14740, March this action to the above address until groundfish in the BSAI (81 FR 14773,
18, 2016). September 21, 2016. March 18, 2016). The Regional
NMFS has determined that as of This action is required by § 679.25 Administrator has determined that AFA
August 30, 2016, approximately 1,171 and is exempt from review under trawl C/Ps will not be able to harvest
metric tons of Pacific cod remain in the Executive Order 12866. 500 mt of the remaining 2016 Pacific
2016 Pacific cod apportionment for cod TAC allocated to those vessels
catcher/processors using trawl gear in Authority: 16 U.S.C. 1801 et seq.
under § 679.20(a)(7)(ii)(A)(7). Therefore,
the Central Regulatory Area of the GOA. Dated: August 31, 2016.
in accordance with § 679.20(a)(7)(iii)(A)
Therefore, in accordance with Emily H. Menashes,
and § 679.20(a)(7)(iii)(B), NMFS
§ 679.25(a)(1)(i), (a)(2)(i)(C), and Acting Director, Office of Sustainable reallocates 500 mt of Pacific cod to
(a)(2)(iii)(D), and to fully use the 2016 Fisheries, National Marine Fisheries Service.
Amendment 80 C/Ps in the Bering Sea
total allowable catch (TAC) of Pacific [FR Doc. 2016–21316 Filed 8–31–16; 4:15 pm] and Aleutian Islands management area.
cod in the Central Regulatory Area of BILLING CODE 3510–22–P
the GOA, NMFS is terminating the The harvest specifications for Pacific
previous closure and is opening cod included in the final 2016 harvest
directed fishing for Pacific cod by specifications for groundfish in the
DEPARTMENT OF COMMERCE
catcher/processors using trawl gear in BSAI (81 FR 14773, March 18, 2016) are
the Central Regulatory Area of the GOA. National Oceanic and Atmospheric revised as follows: 4,666 mt to AFA
The Administrator, Alaska Region, Administration trawl C/Ps and 30,597 mt to
NMFS, (Regional Administrator) Amendment 80 C/Ps.
considered the following factors in 50 CFR Part 679 Classification
reaching this decision: (1) The current [Docket No. 150916863–6211–02]
catch of Pacific cod by catcher/ This action responds to the best
processors using trawl gear in the RIN 0648–XE851 available information recently obtained
Central Regulatory Area of the GOA from the fishery. The Assistant
and, (2) the harvest capacity and stated Fisheries of the Exclusive Economic Administrator for Fisheries, NOAA
intent on future harvesting patterns of Zone Off Alaska; Reallocation of (AA), finds good cause to waive the
vessels in participating in this fishery. Pacific Cod in the Bering Sea and requirement to provide prior notice and
Aleutian Islands Management Area opportunity for public comment
Classification pursuant to the authority set forth at 5
AGENCY: National Marine Fisheries U.S.C. 553(b)(B) as such requirement is
This action responds to the best
Service (NMFS), National Oceanic and impracticable and contrary to the public
available information recently obtained
Atmospheric Administration (NOAA), interest. This requirement is
from the fishery. The Assistant
Administrator for Fisheries, NOAA Commerce. impracticable and contrary to the public
(AA), finds good cause to waive the ACTION: Temporary rule; reallocation. interest as it would prevent NMFS from
requirement to provide prior notice and SUMMARY: NMFS is reallocating the responding to the most recent fisheries
opportunity for public comment projected unused amounts of Pacific cod data in a timely fashion and would
pursuant to the authority set forth at 5 from American Fisheries Act (AFA) delay the reallocation of Pacific cod
U.S.C. 553(b)(B) as such requirement is trawl catcher/processors (C/Ps) to specified from AFA trawl C/Ps to
impracticable and contrary to the public Amendment 80 C/Ps in the Bering Sea Amendment 80 C/Ps in the Bering Sea
interest. This requirement is and Aleutian Islands management area. and Aleutian Islands management area.
impracticable and contrary to the public This action is necessary to allow the Since these fisheries are currently open,
interest as it would prevent NMFS from 2016 total allowable catch of Pacific cod it is important to immediately inform
responding to the most recent fisheries to be harvested. the industry as to the revised
data in a timely fashion and would allocations. Immediate notification is
DATES: Effective August 31, 2016,
delay the opening of directed fishing for necessary to allow for the orderly
Pacific cod by catcher/processors using through 2400 hrs., Alaska local time conduct and efficient operation of this
ehiers on DSK5VPTVN1PROD with RULES

trawl gear in the Central Regulatory (A.l.t.), December 31, 2016. fishery, to allow the industry to plan for
Area of the GOA. NMFS was unable to FOR FURTHER INFORMATION CONTACT: the fishing season, and to avoid
publish a notice providing time for Steve Whitney, 907–586–7228. potential disruption to the fishing fleet
public comment because the most SUPPLEMENTARY INFORMATION: NMFS as well as processors. NMFS was unable
recent, relevant data only became manages the groundfish fishery in the to publish a notice providing time for
available as of August 30, 2016. Bering Sea and Aleutian Islands (BSAI) public comment because the most

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Document Created: 2018-02-09 12:04:02
Document Modified: 2018-02-09 12:04:02

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; modification of a closure.
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
Contact		Obren Davis, 907-586-7228.
FR Citation		81 FR 61142
RIN Number		0648-XE85

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 COMMERCENational Oceanic and Atmospheric Administration

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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration