81 FR 74313 - Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 207 (October 26, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 207 (October 26, 2016)
| Page Range | 74313-74314 | |
| FR Document | 2016-25902 |
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)] [Rules and Regulations] [Pages 74313-74314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25902] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150818742-6210-02] RIN 0648-XE990 Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Vessels Using Trawl Gear in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), except for directed fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. This closure also does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Program for the Central GOA. This action is necessary to prevent exceeding the 2016 Pacific halibut prohibited species catch limit specified for vessels using trawl gear in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 22, 2016, through 2400 hrs, A.l.t., December 31, 2016. 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 Pacific halibut prohibited species catch (PSC) limit for vessels using trawl gear was established as 1,515 metric tons by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016). In accordance with Sec. 679.21(d)(6)(i), the Regional Administrator has determined that the 2016 Pacific halibut PSC limit allocated to vessels using trawl gear in the GOA has been reached. Therefore, NMFS is prohibiting directed fishing for groundfish by vessels using trawl gear in the GOA, except for [[Page 74314]] directed fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA that remain open to directed fishing for pollock. This closure also does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Program for the Central GOA. 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 a 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 closing directed fishing for groundfish by vessels using trawl gear in 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 October 20, 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: October 21, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-25902 Filed 10-21-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations 74313
ACLs for the two subpopulations of No comments were received regarding DEPARTMENT OF COMMERCE
northern anchovy might require this certification. As a result, a
improved monitoring of the two stocks regulatory flexibility analysis was not National Oceanic and Atmospheric
in the ocean area where the populations required and none was prepared. Administration
can overlap.
Response: CDFW is an important co- On December 29, 2015, the National
50 CFR Part 679
manager in the management of CPS and Marine Fisheries Service (NMFS) issued
a final rule establishing a small business [Docket No. 150818742–6210–02]
NMFS appreciates its input. Based on
current fishery operations and landings, size standard of $11 million in annual RIN 0648–XE990
NMFS does not expect that changes in gross receipts for all businesses
monitoring practices will be necessary primarily engaged in the commercial Fisheries of the Economic Exclusive
as a result of this action because the fishing industry (NAICS 11411) for Zone Off Alaska; Groundfish Fishery
ACLs being implemented are the same Regulatory Flexibility Act (RFA) by Vessels Using Trawl Gear in the
as the ABC levels that have been in compliance purposes only (80 FR Gulf of Alaska
place in the FMP since 1999. However, 81194, December 29, 2015). The $11 AGENCY: National Marine Fisheries
NMFS recognizes that these fisheries are million standard became effective on Service (NMFS), National Oceanic and
dynamic and aspects of the fishery, such July 1, 2016, and is to be used in place Atmospheric Administration (NOAA),
as ports of landing, could change, of the U.S. Small Business Commerce.
requiring additional work from CDFW. Administration’s (SBA) current ACTION: Temporary rule; closure.
If this were to occur, NMFS would work standards of $20.5 million, $5.5 million,
closely with CDFW to help ensure the and $7.5 million for the finfish (NAICS SUMMARY: NMFS is prohibiting directed
burden was minimized and work to find 114111), shellfish (NAICS 114112), and fishing for groundfish by vessels using
efficiencies in current monitoring other marine fishing (NAICS 114119) trawl gear in the Gulf of Alaska (GOA),
procedures to lessen any additional sectors of the U.S. commercial fishing except for directed fishing for pollock
costs. With regards to how catch is by vessels using pelagic trawl gear in
industry in all NMFS rules subject to
currently tracked and reported for the those portions of the GOA open to
two subpopulations of northern the RFA after July 1, 2016. Id. at 81194.
directed fishing for pollock. This
anchovy, similarly this action does not Pursuant to the Regulatory Flexibility closure also does not apply to fishing by
require a change in current practices for Act, and prior to July 1, 2016, a vessels participating in the cooperative
differentiating landings between these certification was developed for this fishery in the Rockfish Program for the
two subpopulations at this time. regulatory action using SBA’s size Central GOA. This action is necessary to
However, as the comment points out, standards. NMFS has reviewed the prevent exceeding the 2016 Pacific
we are seeing oceanographic changes analyses prepared for this regulatory halibut prohibited species catch limit
that could re-distribute the current core action in light of the new size standard. specified for vessels using trawl gear in
harvesting and landings areas (Los All of the entities directly regulated by the GOA.
Angeles, CA, Monterey CA, and off near this regulatory action are marine DATES: Effective 1200 hrs, Alaska local
the mouth of the Columbia River in commercial fishing businesses and were time (A.l.t.), October 22, 2016, through
Oregon and Washington). If this were to considered small under the SBA’s size 2400 hrs, A.l.t., December 31, 2016.
occur, along with an increase in standards, and thus they all would FOR FURTHER INFORMATION CONTACT:
landings of both these subpopulations,
continue to be considered small under Obren Davis, 907–586–7228.
status quo procedures would likely need
the new standard. Thus, NMFS has SUPPLEMENTARY INFORMATION: NMFS
to change in a manner described in the
comment. If this need arises, NMFS will determined that the new size standard manages the groundfish fishery in the
work closely with the CDFW to ensure does not affect analyses prepared for GOA exclusive economic zone
this is done in an efficient manner. this regulatory action. according to the Fishery Management
This action does not contain a Plan for Groundfish of the Gulf of
Classification Alaska (FMP) prepared by the North
collection of information requirement
Pursuant to section 304(b)(1)(A) of the for purposes of the Paperwork Pacific Fishery Management Council
Magnuson-Stevens Fishery Reduction Act. under authority of the Magnuson-
Conservation and Management Act, the Stevens Fishery Conservation and
NMFS Assistant Administrator has Authority: 16 U.S.C. 1801 et seq. Management Act. Regulations governing
determined that this final rule is Dated: October 11, 2016. fishing by U.S. vessels in accordance
consistent with the CPS FMP, other Samuel D. Rauch III, with the FMP appear at subpart H of 50
provisions of the Magnuson-Stevens Deputy Assistant Administrator for
CFR part 600 and 50 CFR part 679.
Fishery Conservation and Management Regulatory Programs, National Marine
The 2016 Pacific halibut prohibited
Act, and other applicable law. Fisheries Service. species catch (PSC) limit for vessels
These final specifications are exempt using trawl gear was established as
[FR Doc. 2016–24989 Filed 10–25–16; 8:45 am]
from review under Executive Order 1,515 metric tons by the final 2016 and
BILLING CODE 3510–22–P
12866. 2017 harvest specifications for
The Chief Counsel for Regulation of groundfish of the GOA (81 FR 14740,
the Department of Commerce certified March 18, 2016).
to the Chief Counsel for Advocacy of the In accordance with § 679.21(d)(6)(i),
Small Business Administration during the Regional Administrator has
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the proposed rule stage that this action determined that the 2016 Pacific halibut
would not have a significant economic PSC limit allocated to vessels using
impact on a substantial number of small trawl gear in the GOA has been reached.
entities. The factual basis for the Therefore, NMFS is prohibiting directed
certification was published in the fishing for groundfish by vessels using
proposed rule and is not repeated here. trawl gear in the GOA, except for
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![74314 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
directed fishing for pollock by vessels pursuant to the authority set forth at 5 date of this action under 5 U.S.C.
using pelagic trawl gear in those U.S.C. 553(b)(B) as such a requirement 553(d)(3). This finding is based upon
portions of the GOA that remain open is impracticable and contrary to the the reasons provided above for waiver of
to directed fishing for pollock. This public interest. This requirement is prior notice and opportunity for public
closure also does not apply to fishing by impracticable and contrary to the public comment.
vessels participating in the cooperative interest as it would prevent NMFS from
This action is required by § 679.21
fishery in the Rockfish Program for the responding to the most recent fisheries
data in a timely fashion and would and is exempt from review under
Central GOA.
delay closing directed fishing for Executive Order 12866.
Classification groundfish by vessels using trawl gear Authority: 16 U.S.C. 1801 et seq.
This action responds to the best in the GOA. NMFS was unable to Dated: October 21, 2016.
available information recently obtained publish a notice providing time for
from the fishery. The Assistant Emily H. Menashes,
public comment because the most
Administrator for Fisheries, NOAA, recent, relevant data only became Acting Director, Office of Sustainable
(AA), finds good cause to waive the available as of October 20, 2016. Fisheries, National Marine Fisheries Service.
requirement to provide prior notice and The AA also finds good cause to [FR Doc. 2016–25902 Filed 10–21–16; 4:15 pm]
opportunity for public comment waive the 30-day delay in the effective BILLING CODE 3510–22–P
Lhorne on DSK30JT082PROD with RULES
VerDate Sep<11>2014 15:02 Oct 25, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\26OCR1.SGM 26OCR1](https://thefederalregister.org/doc/81_FR_74520/page/2.svg)
Document Created: 2016-10-26 02:18:09
Document Modified: 2016-10-26 02:18:09
| 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 hrs, Alaska local time (A.l.t.), October 22, 2016, through 2400 hrs, A.l.t., December 31, 2016. | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 81 FR 74313 | |
| RIN Number | 0648-XE99 |
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