81_FR_61315 81 FR 61143 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

81 FR 61143 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

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

Page Range61143-61144
FR Document2016-21315

NMFS is reallocating the projected unused amounts of Pacific cod from American Fisheries Act (AFA) trawl catcher/processors (C/Ps) to Amendment 80 C/Ps in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2016 total allowable catch of Pacific cod to be harvested.

Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016) 
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61143-61144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21315]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE851


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of 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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amounts of Pacific 
cod from American Fisheries Act (AFA) trawl catcher/processors (C/Ps) 
to Amendment 80 C/Ps in the Bering Sea and Aleutian Islands management 
area. This action is necessary to allow the 2016 total allowable catch 
of Pacific cod to be harvested.

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

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (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 Pacific cod total allowable catch (TAC) specified for AFA 
trawl C/Ps in the BSAI is 5,166 metric tons (mt) as established by the 
final 2016 and 2017 harvest specifications for groundfish in the BSAI 
(81 FR 14773, March 18, 2016). The Regional Administrator has 
determined that AFA trawl C/Ps will not be able to harvest 500 mt of 
the remaining 2016 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(7)(ii)(A)(7). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A) and Sec.  679.20(a)(7)(iii)(B), NMFS reallocates 
500 mt of Pacific cod to Amendment 80 C/Ps in the Bering Sea and 
Aleutian Islands management area.
    The harvest specifications for Pacific cod included in the final 
2016 harvest specifications for groundfish in the BSAI (81 FR 14773, 
March 18, 2016) are revised as follows: 4,666 mt to AFA trawl C/Ps and 
30,597 mt to Amendment 80 C/Ps.

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 reallocation of Pacific cod specified from AFA trawl C/
Ps to Amendment 80 C/Ps in the Bering Sea and Aleutian Islands 
management area. Since these fisheries are currently open, it is 
important to immediately inform the industry as to the revised 
allocations. 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 as well as processors. NMFS was unable 
to publish a notice providing time for public comment because the most

[[Page 61144]]

recent, relevant data only became available as of August 26, 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: August 31, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-21315 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 VerDate Sep<11>2014 15:06 Sep 02, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1

61144 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations recent, relevant data only became prior notice and opportunity for public Dated: August 31, 2016. available as of August 26, 2016. comment. Emily H. Menashes, The AA also finds good cause to Acting Director, Office of Sustainable This action is required by § 679.20 waive the 30-day delay in the effective Fisheries, National Marine Fisheries Service. and is exempt from review under date of this action under 5 U.S.C. [FR Doc. 2016–21315 Filed 8–31–16; 4:15 pm] Executive Order 12866. 553(d)(3). This finding is based upon BILLING CODE 3510–22–P the reasons provided above for waiver of Authority: 16 U.S.C. 1801 et seq. ehiers on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 15:06 Sep 02, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 9990 E:\FR\FM\06SER1.SGM 06SER1


Document Created: 2018-02-09 12:04:23
Document Modified: 2018-02-09 12:04:23
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; reallocation.
DatesEffective August 31, 2016, through 2400 hrs., Alaska local time (A.l.t.), December 31, 2016.
ContactSteve Whitney, 907-586-7228.
FR Citation81 FR 61143 
RIN Number0648-XE85
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