81 FR 72009 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 202 (October 19, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 202 (October 19, 2016)
| Page Range | 72009-72010 | |
| FR Document | 2016-25319 |
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)] [Rules and Regulations] [Pages 72009-72010] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25319] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XE879 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors 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; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher/processors using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2016 Pacific cod total allowable catch allocated to catcher/processors using pot gear in the BSAI. DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 18, 2016, through 2400 hours, A.l.t., December 31, 2016. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. 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 [[Page 72010]] (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) allocated to catcher/processors using pot gear in the BSAI is 4,357 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) and reallocation (81 FR 69445, October 6, 2016). In accordance with Sec. 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2016 Pacific cod TAC allocated as a directed fishing allowance to catcher/processors using pot gear in the BSAI will soon be reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by pot catcher/processors in the BSAI. After the effective date of this closure the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Acting 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 for Pacific cod by pot catcher/processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 13, 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: October 14, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-25319 Filed 10-14-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations 72009
ACTION: Temporary rule; closure. Management Plan (FMP), NMFS must regulations at § 648.201(a)(1)(i) require
prohibit, through notification in the such action to ensure that herring
SUMMARY: NMFS is closing the directed Federal Register, herring vessel permit vessels do not exceed the 2016 sub-ACL
fishery for Atlantic herring in Herring holders from fishing for, possessing, allocated to Area 1A. If implementation
Management Area 1A, based on a transferring, receiving, landing, or of this closure is delayed to solicit prior
projection that a prescribed trigger for selling more than 2,000 lb (907.2 kg) of public comment, the sub-ACL for Area
that area has been reached. Federally herring per trip or calendar day in or 1A for this fishing year will likely be
permitted vessels may not fish for, from the specified management area for exceeded, thereby undermining the
possess, transfer, receive, land, or sell the remainder of the fishing year. conservation objectives of the FMP. If
more than an incidental amount of The Regional Administrator has sub-ACLs are exceeded, the excess must
Atlantic herring in or from Area 1A determined, based on vessel and dealer also be deducted from a future sub-ACL
through December 31, 2016, and reports, state data, and other available and would reduce future fishing
federally permitted dealers may not information, that the herring fleet will opportunities. NMFS further finds,
purchase more than this incidental have caught 92 percent of the herring pursuant to 5 U.S.C. 553(d)(3), good
amount of herring from federally sub-ACL allocated to Area 1A by cause to waive the 30-day delayed
permitted vessels for the duration of this October 18, 2016. Therefore, effective effectiveness period for the reasons
action. This action is necessary to 00:01 hr local time, October 18, 2016, stated above.
comply with the regulations federally permitted vessels may not fish
implementing the Atlantic Herring Authority: 16 U.S.C. 1801 et seq.
for, catch, possess, transfer, land, or sell
Fishery Management Plan and is more than 2,000 lb (907.2 kg) of herring Dated: October 13, 2016.
intended to prevent over harvest in Area per trip or calendar day, in or from Area Emily H. Menashes,
1A. 1A through December 31, 2016. With Acting Director, Office of Sustainable
DATES: Effective 00:01 hr local time, one exception, vessels that have entered Fisheries, National Marine Fisheries Service.
October 18, 2016, through December 31, port before 00:01 hr local time, October [FR Doc. 2016–25202 Filed 10–14–16; 11:15 am]
2016. 18, 2016, may land and sell more than BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT: 2,000 lb (907.2 kg) of herring from Area
Shannah Jaburek, Fishery Management 1A from that trip. The exception
Specialist, (978) 282–8456. provides that a vessel may transit DEPARTMENT OF COMMERCE
through Area 1A with more than 2,000
SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric
lb (907.2 kg) of herring on board,
Regulations governing the Atlantic provided all herring was caught outside Administration
herring fishery can be found at 50 CFR of Area 1A and all fishing gear is stowed
part 648, including requirements for and not available for immediate use as 50 CFR Part 679
setting annual catch allocations. NMFS defined by § 648.2. In addition, all
set the 2016 Area 1A sub-annual catch [Docket No. 150916863–6211–02]
herring vessels must land in accordance
limit (ACL) at 30,102 mt, based on an with state landing restrictions. RIN 0648–XE879
initial 2016 sub-ACL allocation of Effective 00:01 hr local time, October
31,200 mt, minus a deduction of 936 mt 18, 2016, federally permitted dealers Fisheries of the Exclusive Economic
for research set-aside catch, plus an may not receive herring from federally Zone Off Alaska; Pacific Cod by Pot
increase of 133 mt to account for permitted herring vessels that harvest Catcher/Processors in the Bering Sea
unharvested 2014 catch. Additionally, more than 2,000 lb (907.2 kg) of herring and Aleutian Islands Management Area
NMFS further reduced the Area 1A sub- from Area 1A through 2400 hr local
ACL of 30,102 mt by 295 mt to allow for AGENCY: National Marine Fisheries
time, December 31, 2016, unless it is Service (NMFS), National Oceanic and
the fixed gear set-aside, that, if from a trip landed by a vessel that
unharvested, will be added back into Atmospheric Administration (NOAA),
entered port before 00:01 hr local time, Commerce.
the Area 1A sub-ACL after November 1. October 18, 2016, and that catch is
NMFS established these values in the ACTION: Temporary rule; closure.
landed in accordance with state
2013 through 2015 specifications (78 FR regulations. SUMMARY: NMFS is prohibiting directed
61828, October 1, 2013) and a final rule fishing for Pacific cod by catcher/
implementing sub-ACL adjustments for Classification
processors using pot gear in the Bering
2016 (81 FR 12420, March 9, 2015). For This action is required by 50 CFR part Sea and Aleutian Islands management
Area 1A, NMFS restricts herring catch 648 and is exempt from review under area (BSAI). This action is necessary to
to the seasonal period from June 1 Executive Order 12866. prevent exceeding the 2016 Pacific cod
through December 31. NMFS prohibits NMFS finds good cause pursuant to 5
total allowable catch allocated to
vessels from catching herring during the U.S.C. 553(b)(B) to waive prior notice
catcher/processors using pot gear in the
seasonal period from January 1 through and the opportunity for public comment
BSAI.
May 31. because it would be contrary to the
The Administrator, Greater Atlantic public interest and impracticable. This DATES: Effective 1200 hours, Alaska
Region, NMFS (Regional Administrator), action restricts the catch of herring in local time (A.l.t.), October 18, 2016,
monitors the herring fishery catch in Area 1A for the remainder of the fishing through 2400 hours, A.l.t., December 31,
each of the management areas based on year. Data indicating the herring fleet 2016.
vessel and dealer reports, state data, and will have landed at least 92 percent of FOR FURTHER INFORMATION CONTACT: Josh
jstallworth on DSK7TPTVN1PROD with RULES
other available information. The the 2016 sub-ACL allocated to Area 1A Keaton, 907–586–7228.
regulations at § 648.201 require that have only recently become available. SUPPLEMENTARY INFORMATION: NMFS
when Regional Administrator projects Once these data become available, manages the groundfish fishery in the
that herring catch will reach 92 percent NMFS is required by Federal regulation BSAI exclusive economic zone
of the sub-ACL allocated in the Area 1A to implement a 2,000-lb (907.2-kg) according to the Fishery Management
seasonal management area designated in herring possession limit for Area 1A Plan for Groundfish of the Bering Sea
the Atlantic Herring Fishery through December 31, 2016. The and Aleutian Islands Management Area
VerDate Sep<11>2014 13:39 Oct 18, 2016 Jkt 241001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1](https://thefederalregister.org/doc/81_FR_72211/page/1.svg)
![72010 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
(FMP) prepared by the North Pacific prohibiting directed fishing for Pacific Pacific cod by pot catcher/processors in
Fishery Management Council under cod by pot catcher/processors in the the BSAI. NMFS was unable to publish
authority of the Magnuson-Stevens BSAI. a notice providing time for public
Fishery Conservation and Management After the effective date of this closure comment because the most recent,
Act. Regulations governing fishing by the maximum retainable amounts at relevant data only became available as
U.S. vessels in accordance with the FMP § 679.20(e) and (f) apply at any time of October 13, 2016.
appear at subpart H of 50 CFR part 600 during a trip. The AA also finds good cause to
and 50 CFR part 679. Classification waive the 30-day delay in the effective
The 2016 Pacific cod total allowable
This action responds to the best date of this action under 5 U.S.C.
catch (TAC) allocated to catcher/
available information recently obtained 553(d)(3). This finding is based upon
processors using pot gear in the BSAI is
from the fishery. The Acting Assistant the reasons provided above for waiver of
4,357 metric tons (mt) as established by
Administrator for Fisheries, NOAA prior notice and opportunity for public
the final 2016 and 2017 harvest
(AA), finds good cause to waive the comment.
specifications for groundfish in the
BSAI (81 FR 14773, March 18, 2016) requirement to provide prior notice and This action is required by § 679.20
and reallocation (81 FR 69445, October opportunity for public comment and is exempt from review under
6, 2016). pursuant to the authority set forth at 5 Executive Order 12866.
In accordance with § 679.20(d)(1)(iii), U.S.C. 553(b)(B) as such requirement is Authority: 16 U.S.C. 1801 et seq.
the Administrator, Alaska Region, impracticable and contrary to the public
NMFS (Regional Administrator), has interest. This requirement is Dated: October 14, 2016.
determined that the 2016 Pacific cod impracticable and contrary to the public Emily H. Menashes,
TAC allocated as a directed fishing interest as it would prevent NMFS from Acting Director, Office of Sustainable
allowance to catcher/processors using responding to the most recent fisheries Fisheries, National Marine Fisheries Service.
pot gear in the BSAI will soon be data in a timely fashion and would [FR Doc. 2016–25319 Filed 10–14–16; 4:15 pm]
reached. Consequently, NMFS is delay the closure of directed fishing for BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES
VerDate Sep<11>2014 13:39 Oct 18, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 E:\FR\FM\19OCR1.SGM 19OCR1](https://thefederalregister.org/doc/81_FR_72211/page/2.svg)
Document Created: 2016-10-19 02:11:53
Document Modified: 2016-10-19 02:11:53
| 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; closure. | |
| Dates | Effective 1200 hours, Alaska local time (A.l.t.), October 18, 2016, through 2400 hours, A.l.t., December 31, 2016. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 81 FR 72009 | |
| RIN Number | 0648-XE87 |
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