81 FR 80006 - 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 220 (November 15, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 220 (November 15, 2016)
| Page Range | 80006-80007 | |
| FR Document | 2016-27419 |
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)] [Rules and Regulations] [Pages 80006-80007] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27419] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XF032 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 catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear to catcher processors (C/Ps) using hook-and-line gear and C/Ps using pot gear in the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to allow the 2016 total allowable catch of Pacific cod to be harvested. DATES: Effective November 9, 2016, through 2400 hours, Alaska local time (A.l.t.), December 31, 2016. [[Page 80007]] 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 46,638 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 reallocations (81 FR 69445, October 6, 2016, 81 FR 76530, November 3, 2016). The Regional Administrator has determined that catcher vessels using trawl gear will not be able to harvest 1,500 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 catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 17,598 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 greater than or equal to 60 feet (18.3 m) LOA using pot gear will not be able to harvest 3,000 mt of the remaining 2016 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(5). Therefore, in accordance with Sec. 679.20(a)(7)(iii), taking into account the capabilities of the sectors to harvest reallocated amounts of Pacific cod, and following the hierarchies set forth in Sec. 679.20(a)(7)(iii)(A) and Sec. 679.20(a)(7)(iii)(B), NMFS reallocates 4,500 mt of Pacific cod to C/Ps using hook-and-line gear and C/Ps using pot gear 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, 81 FR 76530, November 3, 2016) are revised as follows: 45,138 mt for catcher vessels using trawl gear, 14,598 for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear, 111,783 for C/Ps using hook-and-line gear, and 6,607 mt for C/Ps using pot gear. 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 C/Ps using hook-and-line gear and C/Ps using pot gear 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 November 7, 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: November 9, 2016. Tracey Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-27419 Filed 11-9-16; 4:15 pm] BILLING CODE 3510-22-P
![80006 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE ACL by 39,977 lbs. Therefore, the 2016 triggerfish constitutes good cause to
ACL and ACT were adjusted to 201,223 waive the requirements to provide prior
National Oceanic and Atmospheric lb (91,273 kg) and 177,123 lb (80,342 notice and opportunity for public
Administration kg), respectively. In 2016, the comment on this temporary rule
recreational fishing season did not re- pursuant to the authority set forth in 5
50 CFR Part 622 open after the annual spawning season U.S.C. 553(b)(B), because such
closure from June 1 through July 31, and procedures are unnecessary and
[Docket No. 121004518–3398–01]
the recreational harvest of gray contrary to the public interest. Such
RIN 0648–XF005 triggerfish exceeded the 2016 procedures are unnecessary because the
recreational ACL by 221,213 lb (100,341 rule establishing the closure provisions
Reef Fish Fishery of the Gulf of kg). Therefore, consistent with the AM was subject to notice and comment, and
Mexico; 2017 Recreational requirements specified in 50 CFR all that remains is to notify the public
Accountability Measures and Closure 622.41(b)(2)(ii), NMFS reduces the of the closure. Such procedures are
for Gulf of Mexico Gray Triggerfish recreational ACL and ACT for gray contrary to the public interest because
triggerfish in 2017 by the amount of the the public requires as much advanced
AGENCY: National Marine Fisheries recreational ACL overage to 19,987 lb notice as possible of season closures to
Service (NMFS), National Oceanic and (9,066 kg) and 0 lb (0 kg), respectively. allow time to adequately plan for
Atmospheric Administration (NOAA), Under 50 CFR 622.41(b)(2)(i), NMFS recreational fishing trips during the
Commerce. is required to close the recreational 2017 fishing year.
ACTION: Temporary rule; closure. sector for gray triggerfish when the For the aforementioned reasons, the
recreational ACT is reached, or is AA also finds good cause to waive the
SUMMARY: NMFS implements projected to be reached, by filing a 30-day delay in the effectiveness of this
accountability measures (AMs) for the notification to that effect with the Office action under 5 U.S.C. 553(d)(3).
gray triggerfish recreational sector in the of the Federal Register. NMFS has Authority: 16 U.S.C. 1801 et seq.
exclusive economic zone (EEZ) of the determined that the recreational ACT
Gulf of Mexico (Gulf) for the 2017 Dated: November 9, 2016.
for the 2017 fishing year is 0 lb (0 kg).
fishing year through this temporary rule. Therefore, NMFS closes the recreational Tracey Thompson,
NMFS has determined that the 2016 harvest of gray triggerfish for the 2017 Acting Director, Office of Sustainable
recreational annual catch limit (ACL) for Fisheries, National Marine Fisheries Service.
fishing year.
Gulf gray triggerfish was exceeded; During the recreational closure, the [FR Doc. 2016–27415 Filed 11–9–16; 4:15 pm]
therefore, NMFS reduces the gray bag and possession limits for gray BILLING CODE 3510–22–P
triggerfish recreational ACL and annual triggerfish in or from the Gulf EEZ are
catch target (ACT) in 2017. As a result zero. The prohibition on possession in
of the recreational ACL and ACT the Gulf on board a vessel for which a DEPARTMENT OF COMMERCE
overages in 2016, the gray triggerfish valid Federal charter vessel/headboat
2017 recreational season in the Gulf EEZ National Oceanic and Atmospheric
permit for Gulf reef fish has been issued Administration
will not open on January 1, 2017, and applies regardless of whether gray
will remain closed for the entire 2017 triggerfish were harvested in state or
fishing year. This closure is necessary to 50 CFR Part 679
Federal waters.
protect the Gulf gray triggerfish The recreational sector for gray [Docket No. 150916863–6211–02]
resource. triggerfish in the Gulf EEZ will reopen RIN 0648–XF032
DATES: This rule is effective from 12:01 on January 1, 2018, the beginning of the
a.m., local time, January 1, 2017, until 2018 recreational fishing year, unless Fisheries of the Exclusive Economic
12:01 a.m., local time, January 1, 2018. changed by subsequent notification in Zone Off Alaska; Reallocation of
FOR FURTHER INFORMATION CONTACT: Rich the Federal Register. Pacific Cod in the Bering Sea and
Malinowski, NMFS Southeast Regional Classification Aleutian Islands Management Area
Office, telephone: 727–824–5305, email: The Regional Administrator, AGENCY: National Marine Fisheries
rich.malinowski@noaa.gov. Southeast Region, NMFS, has Service (NMFS), National Oceanic and
SUPPLEMENTARY INFORMATION: NMFS determined this temporary rule is Atmospheric Administration (NOAA),
manages the Gulf reef fish fishery, necessary for the conservation and Commerce.
including gray triggerfish, under the management of Gulf gray triggerfish and ACTION: Temporary rule; reallocation.
Fishery Management Plan for the Reef is consistent with the Magnuson-
Fish Resources of the Gulf (FMP). The SUMMARY: NMFS is reallocating the
Stevens Act and other applicable laws.
Gulf of Mexico Fishery Management This action is taken under 50 CFR projected unused amount of Pacific cod
Council (Council) prepared the FMP 622.41(b)(2)(i) and (ii) and is exempt from catcher vessels using trawl gear
and NMFS implements the FMP under and catcher vessels greater than or equal
from review under Executive Order
the authority of the Magnuson-Stevens to 60 feet (18.3 meters (m)) length
12866.
Fishery Conservation and Management These measures are exempt from the overall (LOA) using pot gear to catcher
Act (Magnuson-Stevens Act) by procedures of the Regulatory Flexibility processors (C/Ps) using hook-and-line
regulations at 50 CFR part 622. All gray Act because the temporary rule is issued gear and C/Ps using pot gear in the
triggerfish weights discussed in this without opportunity for prior notice and Bering Sea and Aleutian Islands (BSAI)
mstockstill on DSK3G9T082PROD with RULES
temporary rule are in round weight. comment. management area. This action is
The recreational ACL for Gulf gray This action responds to the best necessary to allow the 2016 total
triggerfish specified in 50 CFR scientific information available. The allowable catch of Pacific cod to be
622.41(b)(2)(iii) is 241,200 lb (109,406 Assistant Administrator for NOAA harvested.
kg) and the recreational ACT is 217,100 Fisheries (AA), finds that the need to DATES: Effective November 9, 2016,
lb (98,475 kg). However, in 2015, gray immediately implement this action to through 2400 hours, Alaska local time
triggerfish landings exceeded the 2015 close the recreational sector for gray (A.l.t.), December 31, 2016.
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![Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations 80007
FOR FURTHER INFORMATION CONTACT: Josh LOA using pot gear will not be able to impracticable and contrary to the public
Keaton, 907–586–7228. harvest 3,000 mt of the remaining 2016 interest as it would prevent NMFS from
SUPPLEMENTARY INFORMATION: NMFS Pacific cod TAC allocated to those responding to the most recent fisheries
manages the groundfish fishery in the vessels under § 679.20(a)(7)(ii)(A)(5). data in a timely fashion and would
Bering Sea and Aleutian Islands (BSAI) Therefore, in accordance with delay the reallocation of Pacific cod
according to the Fishery Management § 679.20(a)(7)(iii), taking into account specified from multiple sectors to C/Ps
Plan for Groundfish of the Bering Sea the capabilities of the sectors to harvest using hook-and-line gear and C/Ps using
and Aleutian Islands Management Area reallocated amounts of Pacific cod, and pot gear in the Bering Sea and Aleutian
(FMP) prepared by the North Pacific following the hierarchies set forth in Islands management area. Since these
Fishery Management Council under § 679.20(a)(7)(iii)(A) and fisheries are currently open, it is
authority of the Magnuson-Stevens § 679.20(a)(7)(iii)(B), NMFS reallocates important to immediately inform the
Fishery Conservation and Management 4,500 mt of Pacific cod to C/Ps using industry as to the revised allocations.
hook-and-line gear and C/Ps using pot Immediate notification is necessary to
Act. Regulations governing fishing by
gear in the Bering Sea and Aleutian allow for the orderly conduct and
U.S. vessels in accordance with the FMP
Islands management area. efficient operation of this fishery, to
appear at subpart H of 50 CFR part 600 The harvest specifications for Pacific
and 50 CFR part 679. allow the industry to plan for the fishing
cod included in the final 2016 and 2017 season, and to avoid potential
The 2016 Pacific cod TAC specified harvest specifications for groundfish of
for catcher vessels using trawl gear in disruption to the fishing fleet as well as
the BSAI (81 FR 14773, March 18, 2016, processors. NMFS was unable to
the BSAI is 46,638 metric tons (mt) as 81 FR 57491, August 23, 2016, 81 FR
established by the final 2016 and 2017 publish a notice providing time for
61143, September 6, 2016, 81 FR 69445, public comment because the most
harvest specifications for groundfish of October 6, 2016, 81 FR 76530,
the BSAI (81 FR 14773, March 18, 2016) recent, relevant data only became
November 3, 2016) are revised as available as of November 7, 2016.
and reallocations (81 FR 69445, October follows: 45,138 mt for catcher vessels
6, 2016, 81 FR 76530, November 3, using trawl gear, 14,598 for catcher The AA also finds good cause to
2016). The Regional Administrator has vessels greater than or equal to 60 feet waive the 30-day delay in the effective
determined that catcher vessels using (18.3 m) LOA using pot gear, 111,783 for date of this action under 5 U.S.C.
trawl gear will not be able to harvest C/Ps using hook-and-line gear, and 553(d)(3). This finding is based upon
1,500 mt of the remaining 2016 Pacific 6,607 mt for C/Ps using pot gear. the reasons provided above for waiver of
cod TAC allocated to those vessels prior notice and opportunity for public
under § 679.20(a)(7)(ii)(A)(9). Classification comment.
The 2016 Pacific cod TAC specified This action responds to the best This action is required by § 679.20
for catcher vessels greater than or equal available information recently obtained and is exempt from review under
to 60 feet (18.3 m) LOA using pot gear from the fishery. The Assistant Executive Order 12866.
in the BSAI is 17,598 mt as established Administrator for Fisheries, NOAA Authority: 16 U.S.C. 1801 et seq.
by the final 2016 and 2017 harvest (AA), finds good cause to waive the
specifications for groundfish of the requirement to provide prior notice and Dated: November 9, 2016.
BSAI (81 FR 14773, March 18, 2016) opportunity for public comment Tracey Thompson,
and reallocation (81 FR 69445, October pursuant to the authority set forth at 5 Acting Director, Office of Sustainable
6, 2016). The Regional Administrator U.S.C. 553(b)(B) as such requirement is Fisheries, National Marine Fisheries Service.
has determined that catcher vessels impracticable and contrary to the public [FR Doc. 2016–27419 Filed 11–9–16; 4:15 pm]
greater than or equal to 60 feet (18.3 m) interest. This requirement is BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES
VerDate Sep<11>2014 16:28 Nov 11, 2016 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 9990 E:\FR\FM\15NOR1.SGM 15NOR1](https://thefederalregister.org/doc/81_FR_80226/page/2.svg)
Document Created: 2016-11-15 00:47:45
Document Modified: 2016-11-15 00:47:45
| 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 November 9, 2016, through 2400 hours, Alaska local time (A.l.t.), December 31, 2016. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 81 FR 80006 | |
| RIN Number | 0648-XF03 |
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