81 FR 69445 - 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 194 (October 6, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 194 (October 6, 2016)
| Page Range | 69445-69445 | |
| FR Document | 2016-24116 |
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)] [Rules and Regulations] [Page 69445] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24116] [[Page 69445]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XE924 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. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels greater than 60 feet (18.3 meters (m)) length overall (LOA) using pot gear, catcher vessels using trawl gear, and vessels using jig gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, catcher processors (C/Ps) using pot gear, and Amendment 80 (A80) 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 October 5, 2016, through 2400 hours, Alaska local time (A.l.t.), December 31, 2016. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 TAC specified for catcher vessels greater than 60 feet (18.3 m) LOA using pot gear in the BSAI is 18,798 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR 14773, March 18, 2016). The Regional Administrator has determined that catcher vessels greater than 60 feet (18.3 m) LOA using pot gear in the BSAI will not be able to harvest 1,200 mt of the remaining 2016 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(5). The 2016 Pacific cod TAC specified for catcher vessels using trawl gear in the BSAI is 49,638 mt as established by the final 2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR 14773, March 18, 2016). The Regional Administrator has determined that catcher vessels using trawl gear will not be able to harvest 1,000 mt of the remaining 2016 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(9). The 2016 Pacific cod TAC specified for vessels using jig gear in the BSAI is 394 mt as established by the final 2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR 14773, March 18, 2016) and reallocation (81 FR 57491, August 23, 2016). The Regional Administrator has determined that vessels using jig gear will not be able to harvest 300 mt of the remaining 2016 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec. 679.20(a)(7)(iii)(A) and Sec. 679.20(a)(7)(iii)(B), NMFS reallocates 2,500 mt of Pacific cod to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, C/Ps using pot gear, and A80 C/Ps in the Bering Sea and Aleutian Islands management area. The harvest specifications for Pacific cod included in the final 2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR 14773, March 18, 2016, 81 FR 57491, August 23, 2016, 81 FR 61143, September 6, 2016) are revised as follows: 17,598 mt for catcher vessels greater than 60 feet (18.3 m) LOA using pot gear, 48,638 mt for catcher vessels using trawl gear, 94 mt for vessels using jig gear, 8,674 for catcher vessels less than 60 feet (18.3 m) LOA using hook- and-line or pot gear, 4,357 for C/Ps using pot gear, and 31,097 mt for A80 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 multiple sectors to catcher vessels less than 60 feet (18.3 m) LOA using hook- and-line or pot gear, C/Ps using pot gear, and A80 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 recent, relevant data only became available as of September 29, 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: September 30, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-24116 Filed 10-5-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 69445
DEPARTMENT OF COMMERCE is 18,798 metric tons (mt) as established using pot gear, and 31,097 mt for A80
by the final 2016 and 2017 harvest C/Ps.
National Oceanic and Atmospheric specifications for groundfish of the
Administration Classification
BSAI (81 FR 14773, March 18, 2016).
The Regional Administrator has This action responds to the best
50 CFR Part 679 determined that catcher vessels greater available information recently obtained
[Docket No. 150916863–6211–02] than 60 feet (18.3 m) LOA using pot gear from the fishery. The Assistant
in the BSAI will not be able to harvest Administrator for Fisheries, NOAA
RIN 0648–XE924 1,200 mt of the remaining 2016 Pacific (AA), finds good cause to waive the
cod TAC allocated to those vessels requirement to provide prior notice and
Fisheries of the Exclusive Economic under § 679.20(a)(7)(ii)(A)(5). opportunity for public comment
Zone Off Alaska; Reallocation of
The 2016 Pacific cod TAC specified pursuant to the authority set forth at 5
Pacific Cod in the Bering Sea and
for catcher vessels using trawl gear in U.S.C. 553(b)(B) as such requirement is
Aleutian Islands Management Area
the BSAI is 49,638 mt as established by impracticable and contrary to the public
AGENCY: National Marine Fisheries the final 2016 and 2017 harvest interest. This requirement is
Service (NMFS), National Oceanic and specifications for groundfish of the impracticable and contrary to the public
Atmospheric Administration (NOAA), BSAI (81 FR 14773, March 18, 2016). interest as it would prevent NMFS from
Commerce. The Regional Administrator has responding to the most recent fisheries
ACTION: Temporary rule; reallocation. determined that catcher vessels using data in a timely fashion and would
trawl gear will not be able to harvest delay the reallocation of Pacific cod
SUMMARY: NMFS is reallocating the 1,000 mt of the remaining 2016 Pacific specified from multiple sectors to
projected unused amounts of Pacific cod cod TAC allocated to those vessels catcher vessels less than 60 feet (18.3 m)
from catcher vessels greater than 60 feet under § 679.20(a)(7)(ii)(A)(9). LOA using hook-and-line or pot gear, C/
(18.3 meters (m)) length overall (LOA) The 2016 Pacific cod TAC specified Ps using pot gear, and A80 C/Ps in the
using pot gear, catcher vessels using for vessels using jig gear in the BSAI is Bering Sea and Aleutian Islands
trawl gear, and vessels using jig gear to 394 mt as established by the final 2016 management area. Since these fisheries
catcher vessels less than 60 feet (18.3 m) and 2017 harvest specifications for are currently open, it is important to
LOA using hook-and-line or pot gear, groundfish of the BSAI (81 FR 14773, immediately inform the industry as to
catcher processors (C/Ps) using pot gear, March 18, 2016) and reallocation (81 FR the revised allocations. Immediate
and Amendment 80 (A80) C/Ps in the 57491, August 23, 2016). The Regional notification is necessary to allow for the
Bering Sea and Aleutian Islands Administrator has determined that orderly conduct and efficient operation
management area. This action is vessels using jig gear will not be able to of this fishery, to allow the industry to
necessary to allow the 2016 total harvest 300 mt of the remaining 2016 plan for the fishing season, and to avoid
allowable catch of Pacific cod to be Pacific cod TAC allocated to those potential disruption to the fishing fleet
harvested. vessels under § 679.20(a)(7)(ii)(A)(1). as well as processors. NMFS was unable
DATES: Effective October 5, 2016, Therefore, in accordance with to publish a notice providing time for
through 2400 hours, Alaska local time § 679.20(a)(7)(iii)(A) and public comment because the most
(A.l.t.), December 31, 2016. § 679.20(a)(7)(iii)(B), NMFS reallocates recent, relevant data only became
FOR FURTHER INFORMATION CONTACT: Josh 2,500 mt of Pacific cod to catcher available as of September 29, 2016.
Keaton, 907–586–7228. vessels less than 60 feet (18.3 m) LOA The AA also finds good cause to
SUPPLEMENTARY INFORMATION: NMFS using hook-and-line or pot gear, C/Ps waive the 30-day delay in the effective
manages the groundfish fishery in the using pot gear, and A80 C/Ps in the date of this action under 5 U.S.C.
Bering Sea and Aleutian Islands (BSAI) Bering Sea and Aleutian Islands 553(d)(3). This finding is based upon
according to the Fishery Management management area. the reasons provided above for waiver of
Plan for Groundfish of the Bering Sea The harvest specifications for Pacific prior notice and opportunity for public
and Aleutian Islands Management Area cod included in the final 2016 and 2017 comment.
(FMP) prepared by the North Pacific harvest specifications for groundfish of This action is required by § 679.20
Fishery Management Council under the BSAI (81 FR 14773, March 18, 2016, and is exempt from review under
authority of the Magnuson-Stevens 81 FR 57491, August 23, 2016, 81 FR Executive Order 12866.
Fishery Conservation and Management 61143, September 6, 2016) are revised as Authority: 16 U.S.C. 1801 et seq.
Act. Regulations governing fishing by follows: 17,598 mt for catcher vessels
U.S. vessels in accordance with the FMP greater than 60 feet (18.3 m) LOA using Dated: September 30, 2016.
appear at subpart H of 50 CFR part 600 pot gear, 48,638 mt for catcher vessels Emily H. Menashes,
and 50 CFR part 679. using trawl gear, 94 mt for vessels using Acting Director, Office of Sustainable
The 2016 Pacific cod TAC specified jig gear, 8,674 for catcher vessels less Fisheries, National Marine Fisheries Service.
for catcher vessels greater than 60 feet than 60 feet (18.3 m) LOA using hook- [FR Doc. 2016–24116 Filed 10–5–16; 8:45 am]
(18.3 m) LOA using pot gear in the BSAI and-line or pot gear, 4,357 for C/Ps BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014 17:57 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00061 Fmt 4700 Sfmt 9990 E:\FR\FM\06OCR1.SGM 06OCR1](https://thefederalregister.org/doc/81_FR_69639/page/1.svg)
Document Created: 2016-10-06 02:37:55
Document Modified: 2016-10-06 02:37:55
| 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; reallocation. | |
| Dates | Effective October 5, 2016, through 2400 hours, Alaska local time (A.l.t.), December 31, 2016. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 81 FR 69445 | |
| RIN Number | 0648-XE92 |
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