81_FR_67405 81 FR 67215 - Fisheries of the Exclusive Economic Zone Off Alaska; Big Skate in the Central Regulatory Area of the Gulf of Alaska

81 FR 67215 - Fisheries of the Exclusive Economic Zone Off Alaska; Big Skate in the Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67215-67216
FR Document2016-23830

NMFS is prohibiting retention of big skate in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2016 total allowable catch of big skate in the Central Regulatory Area of the GOA will be reached.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67215-67216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23830]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE922


Fisheries of the Exclusive Economic Zone Off Alaska; Big Skate 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; closure.

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SUMMARY: NMFS is prohibiting retention of big skate in the Central 
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary 
because the 2016 total allowable catch of big skate in the Central 
Regulatory Area of the GOA will be reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 29, 
2016, through 2400 hours, A.l.t., December 31, 2016.

[[Page 67216]]


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-
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 total allowable catch (TAC) of big skate in the Central 
Regulatory Area of the GOA is 1,850 metric tons (mt) as established by 
the final 2016 and 2017 harvest specifications for groundfish of the 
GOA (81 FR 14740, March 18, 2016).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2016 TAC 
of big skate in the Central Regulatory Area of the GOA will be reached. 
Therefore, NMFS is requiring that big skate in the Central Regulatory 
Area of the GOA be treated as prohibited species in accordance with 
Sec.  679.21(b).

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 prohibiting the retention of big skate 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 September 27, 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 Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-23830 Filed 9-28-16; 4:15 pm]
BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                             67215

                                                  DEPARTMENT OF COMMERCE                                  reached, or is projected to be reached,               close the commercial sector for greater
                                                                                                          by filing a notification to that effect with          amberjack constitutes good cause to
                                                  National Oceanic and Atmospheric                        the Office of the Federal Register. NMFS              waive the requirements to provide prior
                                                  Administration                                          projects that commercial landings of                  notice and opportunity for public
                                                                                                          South Atlantic greater amberjack will                 comment pursuant to the authority set
                                                  50 CFR Part 622                                         reach the commercial ACL by October 4,                forth in 5 U.S.C. 553(b)(B), as such
                                                  [Docket No. 100812345–2142–03]
                                                                                                          2016. Accordingly, the commercial                     procedures would be unnecessary and
                                                                                                          sector for South Atlantic greater                     contrary to the public interest. Such
                                                  RIN 0648–XE896                                          amberjack is closed effective at 12:01                procedures are unnecessary because the
                                                                                                          a.m., local time, October 4, 2016, until              AMs have already been subject to notice
                                                  Fisheries of the Caribbean, Gulf of                     12:01 a.m., local time, March 1, 2017.                and comment, and all that remains is to
                                                  Mexico, and South Atlantic; 2016                           The operator of a vessel with a valid              notify the public of the closure. Such
                                                  Commercial Accountability Measures                      Federal commercial vessel permit for                  procedures are contrary to the public
                                                  and Closure for South Atlantic Greater                  South Atlantic snapper-grouper with                   interest because of the need to
                                                  Amberjack                                               greater amberjack on board must have                  immediately implement this action to
                                                  AGENCY:  National Marine Fisheries                      landed and bartered, traded, or sold                  protect greater amberjack since the
                                                  Service (NMFS), National Oceanic and                    such greater amberjack prior to 12:01                 capacity of the fishing fleet allows for
                                                  Atmospheric Administration (NOAA),                      a.m., local time, October 4, 2016. During             rapid harvest of the commercial ACL
                                                  Commerce.                                               the commercial closure, harvest and                   (commercial quota). Prior notice and
                                                                                                          possession of greater amberjack in or                 opportunity for public comment would
                                                  ACTION: Temporary rule; closure.
                                                                                                          from the South Atlantic EEZ is limited                require time and would potentially
                                                  SUMMARY:    NMFS implements                             to the bag and possession limits, as                  result in a harvest well in excess of the
                                                  accountability measures (AMs) for                       specified in § 622.187(b)(1) and (c)(1).              established commercial ACL
                                                  commercial greater amberjack in the                     Also during the commercial closure, the               (commercial quota).
                                                  exclusive economic zone (EEZ) of the                    sale or purchase of greater amberjack                   For the aforementioned reasons, the
                                                  South Atlantic. NMFS projects                           taken from the South Atlantic EEZ is                  AA also finds good cause to waive the
                                                  commercial landings of greater                          prohibited. The prohibition on sale or                30-day delay in the effectiveness of this
                                                  amberjack will reach the commercial                     purchase does not apply to the sale or                action under 5 U.S.C. 553(d)(3).
                                                  annual catch limit (ACL) by October 4,                  purchase of greater amberjack that were                 Authority: 16 U.S.C. 1801 et seq.
                                                  2016. Therefore, NMFS closes the                        harvested, landed ashore, and sold prior
                                                                                                          to 12:01 a.m., local time, October 4,                   Dated: September 26, 2016.
                                                  commercial sector for greater amberjack
                                                                                                          2016, and were held in cold storage by                Emily H. Menashes,
                                                  in the South Atlantic EEZ on October 4,
                                                  2016, and it will remain closed until the               a dealer or processor, as specified in                Acting Director, Office of Sustainable
                                                                                                          § 622.190(c)(1)(i).                                   Fisheries, National Marine Fisheries Service.
                                                  start of the next fishing year on March
                                                  1, 2017. This closure is necessary to                      For a person on board a vessel issued              [FR Doc. 2016–23587 Filed 9–29–16; 8:45 am]
                                                  protect the greater amberjack resource.                 a valid Federal commercial or charter                 BILLING CODE 3510–22–P

                                                  DATES: This rule is effective at 12:01
                                                                                                          vessel/headboat permit for the South
                                                  a.m., local time, October 4, 2016, until                Atlantic snapper-grouper fishery, the
                                                                                                          bag and possession limits and the sale                DEPARTMENT OF COMMERCE
                                                  12:01 a.m., local time, March 1, 2017.
                                                                                                          and purchase provisions of the
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              National Oceanic and Atmospheric
                                                                                                          commercial closure for greater
                                                  Mary Vara, NMFS Southeast Regional                                                                            Administration
                                                                                                          amberjack apply regardless of whether
                                                  Office, telephone: 727–824–5305, email:
                                                                                                          the fish are harvested in state or Federal
                                                  mary.vara@noaa.gov.                                                                                           50 CFR Part 679
                                                                                                          waters, as specified in 50 CFR
                                                  SUPPLEMENTARY INFORMATION: The                          622.190(c)(1)(ii).                                    [Docket No. 150818742–6210–02]
                                                  snapper-grouper fishery of the South
                                                  Atlantic includes greater amberjack and                 Classification                                        RIN 0648–XE922
                                                  is managed under the Fishery                               The Regional Administrator,                        Fisheries of the Exclusive Economic
                                                  Management Plan for the Snapper-                        Southeast Region, NMFS, has                           Zone Off Alaska; Big Skate in the
                                                  Grouper Fishery of the South Atlantic                   determined this temporary rule is                     Central Regulatory Area of the Gulf of
                                                  Region (FMP). The FMP was prepared                      necessary for the conservation and                    Alaska
                                                  by the South Atlantic Fishery                           management of greater amberjack and
                                                  Management Council and is                               the South Atlantic snapper-grouper                    AGENCY:  National Marine Fisheries
                                                  implemented by NMFS under the                           fishery and is consistent with the                    Service (NMFS), National Oceanic and
                                                  authority of the Magnuson-Stevens                       Magnuson-Stevens Act and other                        Atmospheric Administration (NOAA),
                                                  Fishery Conservation and Management                     applicable laws.                                      Commerce.
                                                  Act (Magnuson-Stevens Act) by                              This action is taken under 50 CFR                  ACTION: Temporary rule; closure.
                                                  regulations at 50 CFR part 622.                         622.193(k)(1) and is exempt from review
                                                     The commercial ACL for greater                       under Executive Order 12866.                          SUMMARY:   NMFS is prohibiting retention
                                                  amberjack is equivalent to the                             These measures are exempt from the                 of big skate in the Central Regulatory
                                                  commercial quota. The commercial                        procedures of the Regulatory Flexibility              Area of the Gulf of Alaska (GOA). This
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  quota for greater amberjack in the South                Act, because the temporary rule is                    action is necessary because the 2016
                                                  Atlantic is 769,388 lb (348,989 kg),                    issued without opportunity for prior                  total allowable catch of big skate in the
                                                  gutted weight, as specified in 50 CFR                   notice and comment.                                   Central Regulatory Area of the GOA will
                                                  622.190(a)(3).                                             This action responds to the best                   be reached.
                                                     Under 50 CFR 622.193(k)(1), NMFS is                  scientific information available. The                 DATES: Effective 1200 hours, Alaska
                                                  required to close the commercial sector                 Assistant Administrator for NOAA                      local time (A.l.t.), September 29, 2016,
                                                  for greater amberjack when the                          Fisheries (AA) finds that the need to                 through 2400 hours, A.l.t., December 31,
                                                  commercial ACL (commercial quota) is                    immediately implement this action to                  2016.


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                                                  67216            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

                                                  FOR FURTHER INFORMATION CONTACT:                        determined that the 2016 TAC of big                   skate in the Central Regulatory Area of
                                                  Obren Davis, 907–586–7228.                              skate in the Central Regulatory Area of               the GOA. NMFS was unable to publish
                                                  SUPPLEMENTARY INFORMATION: NMFS                         the GOA will be reached. Therefore,                   a notice providing time for public
                                                  manages the groundfish fishery in the                   NMFS is requiring that big skate in the               comment because the most recent,
                                                  GOA exclusive economic zone                             Central Regulatory Area of the GOA be                 relevant data only became available as
                                                  according to the Fishery Management                     treated as prohibited species in                      of September 27, 2016.
                                                  Plan for Groundfish of the Gulf of                      accordance with § 679.21(b).                            The AA also finds good cause to
                                                  Alaska (FMP) prepared by the North                      Classification                                        waive the 30-day delay in the effective
                                                  Pacific Fishery Management Council                                                                            date of this action under 5 U.S.C.
                                                  under authority of the Magnuson-                           This action responds to the best
                                                                                                                                                                553(d)(3). This finding is based upon
                                                  Stevens Fishery Conservation and                        available information recently obtained
                                                                                                                                                                the reasons provided above for waiver of
                                                  Management Act. Regulations governing                   from the fishery. The Assistant
                                                                                                                                                                prior notice and opportunity for public
                                                  fishing by U.S. vessels in accordance                   Administrator for Fisheries, NOAA
                                                                                                                                                                comment.
                                                  with the FMP appear at subpart H of 50                  (AA), finds good cause to waive the
                                                  CFR part 600 and 50 CFR part 679.                       requirement to provide prior notice and                 This action is required by § 679.20
                                                     The 2016 total allowable catch (TAC)                 opportunity for public comment                        and § 679.21 and is exempt from review
                                                  of big skate in the Central Regulatory                  pursuant to the authority set forth at 5              under Executive Order 12866.
                                                  Area of the GOA is 1,850 metric tons                    U.S.C. 553(b)(B) as such requirement is                 Authority: 16 U.S.C. 1801 et seq.
                                                  (mt) as established by the final 2016 and               impracticable and contrary to the public
                                                                                                                                                                  Dated: September 28, 2016.
                                                  2017 harvest specifications for                         interest. This requirement is
                                                  groundfish of the GOA (81 FR 14740,                     impracticable and contrary to the public              Emily H. Menashes,
                                                  March 18, 2016).                                        interest as it would prevent NMFS from                Acting Director, Office of Sustainable
                                                     In accordance with § 679.20(d)(2), the               responding to the most recent fisheries               Fisheries, National Marine Fisheries Service.
                                                  Administrator, Alaska Region, NMFS                      data in a timely fashion and would                    [FR Doc. 2016–23830 Filed 9–28–16; 4:15 pm]
                                                  (Regional Administrator), has                           delay prohibiting the retention of big                BILLING CODE 3510–22–P
asabaliauskas on DSK3SPTVN1PROD with RULES




                                             VerDate Sep<11>2014   18:28 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00126   Fmt 4700   Sfmt 9990   E:\FR\FM\30SER1.SGM   30SER1



Document Created: 2018-02-09 13:34:15
Document Modified: 2018-02-09 13:34:15
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 hours, Alaska local time (A.l.t.), September 29, 2016, through 2400 hours, A.l.t., December 31, 2016.
ContactObren Davis, 907-586-7228.
FR Citation81 FR 67215 
RIN Number0648-XE92

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