81 FR 76530 - 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 213 (November 3, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 213 (November 3, 2016)
| Page Range | 76530-76531 | |
| FR Document | 2016-26504 |
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)] [Rules and Regulations] [Pages 76530-76531] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26504] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XF012 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 amount of Pacific cod from catcher vessels using trawl gear and American Fisheries Act (AFA) trawl catcher processors (C/Ps) to catcher vessels less than 60 feet (18.3 meters (m)) LOA using hook-and-line or pot gear, C/Ps using hook-and-line gear, and Amendment 80 (A80) C/Ps in the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to allow the 2016 total allowable catch (TAC) of Pacific cod to be harvested. [[Page 76531]] DATES: Effective upon November 2, 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 using trawl gear in the BSAI is 48,638 metric tons(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 69445; October 6, 2016). The Regional Administrator has determined that catcher vessels using trawl gear will not be able to harvest 2,000 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 AFA trawl C/Ps in the BSAI is 4,666 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 61143; September 6, 2016). The Regional Administrator has determined that AFA trawl C/Ps will not be able to harvest 850 mt of the remaining 2016 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(7). Therefore, in accordance with Sec. 679.20(a)(7)(iii)(A) and Sec. 679.20(a)(7)(iii)(B), NMFS reallocates 2,850 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 hook-and-line 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, 81 FR 69445; October 6, 2016) are revised as follows: 46,638 mt for catcher vessels using trawl gear, 3,816 mt for AFA trawl C/Ps, 10,674 for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 109,533 for C/Ps using hook-and- line gear, and 31,397 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 hook-and-line 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 October 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 is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 28, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-26504 Filed 11-2-16; 8:45 am] BILLING CODE 3510-22-P
![76530 Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Rules and Regulations
practicable, once scallop landings data (2) If reliable information is not determination: Once NMFS has
for the NGOM fishery is available. available to make a mid-year compiled the necessary information
(c) VMS requirements. Except scallop determination: Once NMFS has (e.g., when the previous fishing year’s
vessels issued a limited access scallop compiled the necessary information observer and catch data are fully
permit pursuant to § 648.4(a)(2)(i) that (e.g., when the previous fishing year’s available), the Regional Administrator
have declared a trip under the scallop observer and catch data are fully shall determine whether the SNE/MA
DAS program, a vessel issued a scallop available), the Regional Administrator windowpane flounder sub-ACL was
permit pursuant to § 648.4(a)(2) that shall determine whether a yellowtail exceeded and if an accountability
intends to fish for scallops in the NGOM flounder sub-ACL was exceeded by measure was triggered as described in
scallop management area or fishes for, scallop vessels following the end of the § 648.90(a)(5)(iv), by scallop vessels
possesses, or lands scallops in or from scallop fishing year. The determination following the end of the scallop fishing
the NGOM scallop management area, shall include the amount of the overage, year. The determination shall include
must declare a NGOM scallop specified as a percentage of the overall the amount of the overage, specified as
management area trip and report scallop sub-ACL for the applicable yellowtail a percentage of the overall sub-ACL for
catch through the vessel’s VMS unit, as flounder stock, in accordance with the the SNE/MA windowpane flounder
required in § 648.10. If the vessel has a values specified in paragraph (a) of this stock, in accordance with the values
NGOM permit, the vessel must declare section. Based on this information, the specified in paragraph (a) of this
either a Federal NGOM trip or a state- Regional Administrator shall implement section. Based on this information, the
waters NGOM trip. If a vessel intends to the AM in accordance with the APA in Regional Administrator shall implement
fish any part of a NGOM trip in Federal Year 3 (e.g., an accountability measure the AM in accordance with the APA in
NGOM waters, it may not declare into would be implemented in fishing year Year 3 (e.g., an accountability measure
the state water NGOM fishery. 2016 for an overage that occurred in would be implemented in fishing year
* * * * * fishing year 2014) and notify owners of 2016 for an overage that occurred in
limited access and LAGC scallop vessels fishing year 2014) and attempt to notify
■ 16. In § 648.63, revise paragraph
by letter identifying the length of the owners of limited access and LAGC
(b)(2)(iii) to read as follows: closure and a summary of the yellowtail scallop vessels by letter identifying the
§ 648.63 General category Sectors and flounder catch and overage information. length of the gear restricted area and a
harvesting cooperatives. * * * * * summary of the SNE/MA windowpane
* * * * * ■ 18. In § 648.65, revise paragraph (c) to flounder catch and overage information.
(b) * * * read as follows: * * * * *
(2) * * * [FR Doc. 2016–25963 Filed 11–2–16; 8:45 am]
§ 648.65 Windowpane flounder sub-ACL
(iii) A sector shall not be allocated and AM for the scallop fishery. BILLING CODE 3510–22–P
more than 20 percent of the ACL for IFQ
vessels defined in § 648.53(a)(4). * * * * *
(c) Process for implementing the DEPARTMENT OF COMMERCE
* * * * * AM—(1) If reliable information is
■ 17. In § 648.64, revise paragraph (e) to available to make a mid-year National Oceanic and Atmospheric
read as follows: determination: On or about January 15 Administration
of each year, based upon catch and
§ 648.64 Yellowtail flounder sub-ACLs and
other information available to NMFS, 50 CFR Part 679
AMs for the scallop fishery.
the Regional Administrator shall
* * * * * determine whether the SNE/MA [Docket No. 150916863–6211–02]
(e) Process for implementing the windowpane flounder sub-ACL was
AM—(1) If reliable information is RIN 0648–XF012
exceeded, or is projected to be
available to make a mid-year exceeded, and if an accountability Fisheries of the Exclusive Economic
determination: On or about January 15 measure was triggered as described in Zone Off Alaska; Reallocation of
of each year, based upon catch and § 648.90(a)(5)(iv), by scallop vessels Pacific Cod in the Bering Sea and
other information available to NMFS, prior to the end of the scallop fishing Aleutian Islands Management Area
the Regional Administrator shall year. The determination shall include
determine whether a yellowtail flounder the amount of the overage or projected AGENCY: National Marine Fisheries
sub-ACL was exceeded, or is projected amount of the overage, specified as a Service (NMFS), National Oceanic and
to be exceeded, by scallop vessels prior percentage of the overall sub-ACL for Atmospheric Administration (NOAA),
to the end of the scallop fishing year. the SNE/MA windowpane flounder Commerce.
The determination shall include the stock, in accordance with the values ACTION: Temporary rule; reallocation.
amount of the overage or projected specified in paragraph (a) of this
amount of the overage, specified as a section. Based on this initial SUMMARY: NMFS is reallocating the
percentage of the overall sub-ACL for determination in mid-January, the projected unused amount of Pacific cod
the applicable yellowtail flounder stock, Regional Administrator shall implement from catcher vessels using trawl gear
in accordance with the values specified the AM in the following fishing year in and American Fisheries Act (AFA) trawl
in paragraph (a) of this section. Based accordance with the APA and attempt to catcher processors (C/Ps) to catcher
on this initial projection in mid-January, notify owners of limited access and vessels less than 60 feet (18.3 meters
the Regional Administrator shall LAGC scallop vessels by letter (m)) LOA using hook-and-line or pot
mstockstill on DSK3G9T082PROD with RULES
implement the AM in accordance with identifying the length of the gear gear, C/Ps using hook-and-line gear, and
the APA and notify owners of limited restricted area and a summary of the Amendment 80 (A80) C/Ps in the Bering
access and LAGC scallop vessels by SNE/MA windowpane flounder catch, Sea and Aleutian Islands (BSAI)
letter identifying the length of the overage, and projection that resulted in management area. This action is
closure and a summary of the yellowtail the gear restricted area. necessary to allow the 2016 total
flounder catch, overage, and projection (2) If reliable information is not allowable catch (TAC) of Pacific cod to
that resulted in the closure. available to make a mid-year be harvested.
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![Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Rules and Regulations 76531
DATES: Effective upon November 2, 2016 harvest 850 mt of the remaining 2016 responding to the most recent fisheries
through 2400 hours, Alaska local time Pacific cod TAC allocated to those data in a timely fashion and would
(A.l.t.), December 31, 2016. vessels under § 679.20(a)(7)(ii)(A)(7). delay the reallocation of Pacific cod
FOR FURTHER INFORMATION CONTACT: Josh Therefore, in accordance with specified from multiple sectors to
Keaton, 907–586–7228. § 679.20(a)(7)(iii)(A) and catcher vessels less than 60 feet (18.3 m)
SUPPLEMENTARY INFORMATION: NMFS § 679.20(a)(7)(iii)(B), NMFS reallocates LOA using hook-and-line or pot gear,
manages the groundfish fishery in the 2,850 mt of Pacific cod to catcher C/Ps using hook-and-line gear, and A80
Bering Sea and Aleutian Islands (BSAI) vessels less than 60 feet (18.3 m) LOA C/Ps in the Bering Sea and Aleutian
according to the Fishery Management using hook-and-line or pot gear, C/Ps Islands management area. Since these
Plan for Groundfish of the Bering Sea using hook-and-line gear, and A80 C/Ps fisheries are currently open, it is
and Aleutian Islands Management Area in the Bering Sea and Aleutian Islands important to immediately inform the
(FMP) prepared by the North Pacific management area. industry as to the revised allocations.
Fishery Management Council under The harvest specifications for Pacific Immediate notification is necessary to
authority of the Magnuson-Stevens cod included in the final 2016 and 2017 allow for the orderly conduct and
Fishery Conservation and Management harvest specifications for groundfish of efficient operation of this fishery, to
Act. Regulations governing fishing by the BSAI (81 FR 14773; March 18, 2016, allow the industry to plan for the fishing
U.S. vessels in accordance with the FMP 81 FR 57491; August 23, 2016, 81 FR season, and to avoid potential
appear at subpart H of 50 CFR part 600 61143; September 6, 2016, 81 FR 69445; disruption to the fishing fleet as well as
and 50 CFR part 679. October 6, 2016) are revised as follows: processors. NMFS was unable to
The 2016 Pacific cod TAC specified 46,638 mt for catcher vessels using trawl publish a notice providing time for
for catcher vessels using trawl gear in gear, 3,816 mt for AFA trawl C/Ps, public comment because the most
the BSAI is 48,638 metric tons(mt) as 10,674 for catcher vessels less than 60 recent, relevant data only became
established by the final 2016 and 2017 feet (18.3 m) LOA using hook-and-line available as of October 27, 2016.
harvest specifications for groundfish of or pot gear, 109,533 for C/Ps using hook- The AA also finds good cause to
the BSAI (81 FR 14773; March 18, 2016) and-line gear, and 31,397 mt for A80 C/ waive the 30-day delay in the effective
and reallocation (81 FR 69445; October Ps. date of this action under 5 U.S.C.
6, 2016). The Regional Administrator 553(d)(3). This finding is based upon
Classification
has determined that catcher vessels the reasons provided above for waiver of
using trawl gear will not be able to This action responds to the best prior notice and opportunity for public
harvest 2,000 mt of the remaining 2016 available information recently obtained comment.
Pacific cod TAC allocated to those from the fishery. The Assistant This action is required by § 679.20
vessels under § 679.20(a)(7)(ii)(A)(9). Administrator for Fisheries, NOAA and is exempt from review under
The 2016 Pacific cod TAC specified (AA), finds good cause to waive the Executive Order 12866.
for AFA trawl C/Ps in the BSAI is 4,666 requirement to provide prior notice and Authority: 16 U.S.C. 1801 et seq.
mt as established by the final 2016 and opportunity for public comment
2017 harvest specifications for pursuant to the authority set forth at 5 Dated: October 28, 2016.
groundfish of the BSAI (81 FR 14773; U.S.C. 553(b)(B) as such requirement is Emily H. Menashes,
March 18, 2016) and reallocation (81 FR impracticable and contrary to the public Acting Director, Office of Sustainable
61143; September 6, 2016). The interest. This requirement is Fisheries, National Marine Fisheries Service.
Regional Administrator has determined impracticable and contrary to the public [FR Doc. 2016–26504 Filed 11–2–16; 8:45 am]
that AFA trawl C/Ps will not be able to interest as it would prevent NMFS from BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES
VerDate Sep<11>2014 16:18 Nov 02, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 E:\FR\FM\03NOR1.SGM 03NOR1](https://thefederalregister.org/doc/81_FR_76743/page/2.svg)
Document Created: 2016-11-03 03:24:33
Document Modified: 2016-11-03 03:24:33
| 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 upon November 2, 2016 through 2400 hours, Alaska local time (A.l.t.), December 31, 2016. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 81 FR 76530 | |
| RIN Number | 0648-XF01 |
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