81_FR_6484 81 FR 6459 - Fisheries of the Exclusive Economic Zone Off Alaska; Directed Fishing With Trawl Gear by Fisheries Act Catcher Processors in Bycatch Limitation Zone 1 of the Bering Sea and Aleutian Islands Management Area

81 FR 6459 - Fisheries of the Exclusive Economic Zone Off Alaska; Directed Fishing With Trawl Gear by Fisheries Act Catcher Processors in Bycatch Limitation Zone 1 of the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 25 (February 8, 2016)

Page Range6459-6460
FR Document2016-02391

NMFS is prohibiting directed fishing with trawl gear, other than pelagic trawl gear for walleye pollock, by American Fisheries Act (AFA) trawl catcher processors in Bycatch Limitation Zone 1 of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the sideboard limit of the 2016 bycatch allowance of red king crab in Zone 1 specified for AFA trawl catcher processors in the BSAI.

Federal Register, Volume 81 Issue 25 (Monday, February 8, 2016) 
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Rules and Regulations]
[Pages 6459-6460]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE429


Fisheries of the Exclusive Economic Zone Off Alaska; Directed 
Fishing With Trawl Gear by Fisheries Act Catcher Processors in Bycatch 
Limitation Zone 1 of 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.

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SUMMARY: NMFS is prohibiting directed fishing with trawl gear, other 
than pelagic trawl gear for walleye pollock, by American Fisheries Act 
(AFA) trawl catcher processors in Bycatch Limitation Zone 1 of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the sideboard limit of the 2016 bycatch 
allowance of red king crab in Zone 1 specified for AFA trawl catcher 
processors in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 3, 
2016, though 2400 hrs, A.l.t., December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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 sideboard limit of the 2016 bycatch allowance of red king crab 
in Zone 1 specified for the AFA trawl catcher processors in the BSAI is 
606 crab as established by the final 2015 and

[[Page 6460]]

2016 harvest specifications for groundfish in the BSAI (80 FR 11919, 
March 5, 2015).
    In accordance with Sec.  679.64(a)(2) and (3), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
sideboard limit of red king crab in Zone 1 specified for the AFA 
catcher processors in the BSAI will be caught. Therefore, NMFS is 
prohibiting directed fishing with trawl gear in Zone 1, other than 
pelagic trawl gear for walleye pollock, by AFA trawl catcher processors 
in the BSAI.

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 closure of directed fishing with trawl gear, other than 
pelagic trawl gear for walleye pollock, by AFA trawl catcher processors 
in Zone 1 of the BSAI. NMFS was unable to publish a notification 
providing time for public comment because the most recent, relevant 
data only became available as of February 1, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 3, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-02391 Filed 2-3-16; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 6459 notification of reports of Airborne Management and Budget (OMB) has not notification and reporting, Reporting Collision Avoidance System (ACAS) reviewed this proposed rule under and recordkeeping requirements. resolution advisories issued either (i) Executive Order 12866. Dated: February 3, 2016. when an aircraft is being operated on an This rule does not require an analysis Christopher A. Hart, instrument flight rules (IFR) flight plan under the Unfunded Mandates Reform Act, 2 United States Code (U.S.C.) 1501– Chairman. and compliance with the advisory is necessary to avert a substantial risk of 1571, or the National Environmental [FR Doc. 2016–02413 Filed 2–5–16; 8:45 am] collision between two or more aircraft, Policy Act, 42 U.S.C. 4321–4347. The BILLING CODE 7533–01–P or (ii) to an aircraft operating in class A NTSB has also analyzed these airspace. 75 FR 922 (Jan. 7, 2010). amendments in accordance with the In collecting such reports since 2010, principles and criteria contained in DEPARTMENT OF COMMERCE the NTSB has determined it no longer Executive Order 13132, ‘‘Federalism.’’ needs reports of ACAS resolution This final rule does not contain any National Oceanic and Atmospheric advisories issued to an aircraft operating regulations that would: (1) Have a Administration in class A airspace. This final rule substantial direct effect on the states, confirms the NTSB will now only the relationship between the national 50 CFR Part 679 require reports of such resolution government and the states, or the [Docket No. 141021887–5172–02] advisories when an aircraft operating on distribution of power and an IFR flight plan my comply with the responsibilities among the various RIN 0648–XE429 advisory in order to avert a substantial levels of government; (2) impose Fisheries of the Exclusive Economic risk of collision between two or more substantial direct compliance costs on aircraft. As a result, pursuant to its state and local governments; or (3) Zone Off Alaska; Directed Fishing With regulations governing rulemaking, the preempt state law. Therefore, the Trawl Gear by Fisheries Act Catcher NTSB issued a direct final rule to consultation and funding requirements Processors in Bycatch Limitation Zone amend 49 CFR 830.5(a)(10), as described of Executive Order 13132 do not apply. 1 of the Bering Sea and Aleutian above. 80 FR 77586 (Dec. 15, 2015). The NTSB is also aware that the Islands Management Area In addition to the removal of a portion Regulatory Flexibility Act (5 U.S.C. 601 AGENCY: National Marine Fisheries of section 830.5(a)(10), the NTSB also et seq.) requires each agency to review Service (NMFS), National Oceanic and amended a footnote that accompanies its rulemaking to assess the potential Atmospheric Administration (NOAA), the first paragraph of section 830.5. The impact on small entities, unless the Commerce. footnote previously contained outdated agency determines a rule is not expected ACTION: Temporary rule; closure. contact information for NTSB regional to have a significant economic impact offices. The NTSB has updated this on a substantial number of small SUMMARY: NMFS is prohibiting directed footnote to refer the public to entities. The NTSB certifies this final fishing with trawl gear, other than www.ntsb.gov or the NTSB Response rule will not have a significant pelagic trawl gear for walleye pollock, Operations Center at 844–373–9922 or economic impact on a substantial by American Fisheries Act (AFA) trawl 202–314–6290, should the operators number of small entities. catcher processors in Bycatch need to contact the NTSB to inform the Regarding other Executive Orders and Limitation Zone 1 of the Bering Sea and agency of an accident or incident. This statutory provisions, this final rule also Aleutian Islands management area document confirms both the change to complies with all applicable standards (BSAI). This action is necessary to section 830.5(a)(10) and the updated in sections 3(a) and 3(b)(2) of Executive prevent exceeding the sideboard limit of text of the footnote. Order 12988, ‘‘Civil Justice Reform,’’ to the 2016 bycatch allowance of red king The NTSB’s rule on the direct final minimize litigation, eliminate crab in Zone 1 specified for AFA trawl rulemaking procedure, codified at 49 ambiguity, and reduce burden. In catcher processors in the BSAI. CFR 800.44, states a direct final rule addition, the NTSB has evaluated this DATES: Effective 1200 hrs, Alaska local makes changes to a regulation which rule under: Executive Order 12630, time (A.l.t.), February 3, 2016, though will take effect on a certain date unless ‘‘Governmental Actions and Interference 2400 hrs, A.l.t., December 31, 2016. the NTSB receives an adverse comment with Constitutionally Protected Property or a notice of intent to file an adverse Rights’’; Executive Order 13045, FOR FURTHER INFORMATION CONTACT: comment. Id. § 800.44(d). Section ‘‘Protection of Children from Steve Whitney, 907–586–7269. 800.44 also defines ‘‘adverse comment’’ Environmental Health Risks and Safety SUPPLEMENTARY INFORMATION: NMFS for purposes of the direct final Risks’’; Executive Order 13175, manages the groundfish fishery in the rulemaking procedure. Comments on ‘‘Consultation and Coordination with BSAI exclusive economic zone the NTSB’s change to section Indian Tribal Governments’’; Executive according to the Fishery Management 830.5(a)(10) and the updated footnote Order 13211, ‘‘Actions Concerning Plan for Groundfish of the Bering Sea accompanying section 830.5 were due Regulations That Significantly Affect and Aleutian Islands Management Area by January 14, 2016. The NTSB did not Energy Supply, Distribution, or Use’’; (FMP) prepared by the North Pacific receive any comments. Therefore, as and the National Technology Transfer Fishery Management Council under indicated in the direct final rule, the and Advancement Act, 15 U.S.C. 272 authority of the Magnuson-Stevens changes will become effective on note. The NTSB has concluded this rule Fishery Conservation and Management February 16, 2016. does not contravene any of the Act. Regulations governing fishing by asabaliauskas on DSK5VPTVN1PROD with RULES requirements set forth in these U.S. vessels in accordance with the FMP Legal Analyses and Effective Date appear at subpart H of 50 CFR part 600 Executive Orders or statutes, nor does it This final rule is not a significant prompt further consideration with and 50 CFR part 679. regulatory action under Executive Order regard to such requirements. The sideboard limit of the 2016 12866, ‘‘Regulatory Planning and bycatch allowance of red king crab in Review.’’ Therefore, Executive Order List of Subjects in 49 CFR Part 830 Zone 1 specified for the AFA trawl 12866 does not require a Regulatory Aircraft accidents, Aircraft incidents, catcher processors in the BSAI is 606 Assessment, and the Office of Aviation safety, Overdue aircraft crab as established by the final 2015 and VerDate Sep<11>2014 16:19 Feb 05, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\08FER1.SGM 08FER1

6460 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 2016 harvest specifications for DEPARTMENT OF COMMERCE submitted voluntarily by the sender will groundfish in the BSAI (80 FR 11919, be publicly accessible. NMFS will March 5, 2015). National Oceanic and Atmospheric accept anonymous comments (enter ‘‘N/ Administration A’’ in the required fields if you wish to In accordance with § 679.64(a)(2) and (3), the Administrator, Alaska Region, remain anonymous). Attachments to 50 CFR Part 679 electronic comments will be accepted in NMFS (Regional Administrator), has [Docket No. 140918791–4999–02] Microsoft Word, Excel, or Adobe PDF determined that the sideboard limit of file formats only. red king crab in Zone 1 specified for the RIN 0648–XE426 FOR FURTHER INFORMATION CONTACT: AFA catcher processors in the BSAI will Fisheries of the Exclusive Economic Obren Davis, 907–586–7228. be caught. Therefore, NMFS is prohibiting directed fishing with trawl Zone Off Alaska; Pacific Cod by SUPPLEMENTARY INFORMATION: NMFS gear in Zone 1, other than pelagic trawl Catcher/Processors Using Trawl Gear manages the groundfish fishery in the gear for walleye pollock, by AFA trawl in the Western Regulatory Area of the GOA exclusive economic zone catcher processors in the BSAI. Gulf of Alaska according to the Fishery Management Plan for Groundfish of the Gulf of Classification AGENCY: National Marine Fisheries Alaska (FMP) prepared by the North Service (NMFS), National Oceanic and Pacific Fishery Management Council This action responds to the best Atmospheric Administration (NOAA), under authority of the Magnuson- available information recently obtained Commerce. Stevens Fishery Conservation and from the fishery. The Assistant ACTION: Temporary rule; modification of Management Act. Regulations governing Administrator for Fisheries, NOAA, a closure. fishing by U.S. vessels in accordance (AA), finds good cause to waive the with the FMP appear at subpart H of 50 requirement to provide prior notice and SUMMARY: NMFS is opening directed CFR part 600 and 50 CFR part 679. opportunity for public comment fishing for Pacific cod by catcher/ Regulations governing sideboard pursuant to the authority set forth at 5 processors using trawl gear in the protections for GOA groundfish U.S.C. 553(b)(B) as such requirement is Western Regulatory Area of the Gulf of fisheries appear at subpart B of 50 CFR Alaska (GOA). This action is necessary part 680. impracticable and contrary to the public to fully use the A season allowance of NMFS closed directed fishing for interest. This requirement is the 2016 total allowable catch Pacific cod by catcher/processors using impracticable and contrary to the public apportioned to catcher/processors using interest as it would prevent NMFS from trawl gear in the Western Regulatory trawl gear in the Western Regulatory Area of the GOA under responding to the most recent fisheries Area of the GOA. data in a timely fashion and would § 679.20(d)(1)(iii) on January 1, 2016 DATES: Effective 1200 hours, Alaska pursuant to the final 2015 and 2016 delay the closure of directed fishing local time (A.l.t.), February 4, 2016, with trawl gear, other than pelagic trawl harvest specifications for groundfish of through 1200 hours, A.l.t., June 10, the Gulf of Alaska (80 FR 10250, gear for walleye pollock, by AFA trawl 2016. Comments must be received at the February 25, 2015) and inseason catcher processors in Zone 1 of the following address no later than 4:30 adjustment (81 FR 188, January 5, 2016). BSAI. NMFS was unable to publish a p.m., A.l.t., February 23, 2016. NMFS has determined that as of notification providing time for public ADDRESSES: You may submit comments February 1, 2016, approximately 200 comment because the most recent, on this document, identified by NOAA– metric tons of Pacific cod remain in the relevant data only became available as NMFS–2014–0118, by any of the A season allowance of the 2016 Pacific of February 1, 2016. following methods: cod apportionment for catcher/ The AA also finds good cause to • Electronic Submission: Submit all processors using trawl gear in the waive the 30-day delay in the effective electronic public comments via the Western Regulatory Area of the GOA. date of this action under 5 U.S.C. Federal e-Rulemaking Portal. Go to Therefore, in accordance with 553(d)(3). This finding is based upon www.regulations.gov/ § 679.25(a)(1)(i), (a)(2)(i)(C), and the reasons provided above for waiver of #!docketDetail;D=NOAA-NMFS-2014- (a)(2)(iii)(D), and to fully use the 2016 prior notice and opportunity for public 0118, click the ‘‘Comment Now!’’ icon, total allowable catch (TAC) of Pacific comment. complete the required fields, and enter cod in the Western Regulatory Area of or attach your comments. the GOA, NMFS is terminating the This action is required by § 679.21 • Mail: Submit written comments to previous closure and is opening and is exempt from review under Glenn Merrill, Assistant Regional directed fishing for Pacific cod by Executive Order 12866. Administrator, Sustainable Fisheries catcher/processors using trawl gear in Authority: 16 U.S.C. 1801 et seq. Division, Alaska Region NMFS, Attn: the Western Regulatory Area of the Ellen Sebastian. Mail comments to P.O. GOA. The Administrator, Alaska Dated: February 3, 2016. Box 21668, Juneau, AK 99802–1668. Region, NMFS, (Regional Administrator) Emily H. Menashes, Instructions: Comments sent by any considered the following factors in Acting Director, Office of Sustainable other method, to any other address or reaching this decision: (1) The current Fisheries, National Marine Fisheries Service. individual, or received after the end of catch of Pacific cod by catcher/ [FR Doc. 2016–02391 Filed 2–3–16; 4:15 pm] the comment period, may not be processors using trawl gear in the asabaliauskas on DSK5VPTVN1PROD with RULES BILLING CODE 3510–22–P considered by NMFS. All comments Western Regulatory Area of the GOA received are a part of the public record and, (2) the harvest capacity and stated and will generally be posted for public intent on future harvesting patterns of viewing on www.regulations.gov vessels in participating in this fishery. without change. All personal identifying information (e.g., name, address), Classification confidential business information, or This action responds to the best otherwise sensitive information available information recently obtained VerDate Sep<11>2014 16:19 Feb 05, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\08FER1.SGM 08FER1


Document Created: 2016-02-06 00:24:10
Document Modified: 2016-02-06 00:24:10
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; closure.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), February 3, 2016, though 2400 hrs, A.l.t., December 31, 2016.
ContactSteve Whitney, 907-586-7269.
FR Citation81 FR 6459 
RIN Number0648-XE42
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