81_FR_80831 81 FR 80610 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

81 FR 80610 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 221 (November 16, 2016)

Page Range80610-80611
FR Document2016-27523

NMFS is opening 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 fully use the 2016 total allowable catch of Pacific cod allocated to catcher/processors using pot gear in the BSAI.

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016) 
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Rules and Regulations]
[Pages 80610-80611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27523]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF036


Fisheries of the Exclusive Economic Zone Off Alaska; 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; modification of a closure.

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SUMMARY: NMFS is opening 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 fully use the 2016 
total allowable catch of Pacific cod allocated to catcher/processors 
using pot gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 15, 
2016, through 2400 hours, A.l.t., December 31, 2016. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
December 1, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0118, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0118, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.

[[Page 80611]]

     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

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 
(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.
    NMFS closed directed fishing for Pacific cod by catcher/processors 
using pot gear in the BSAI under Sec.  679.20(d)(1)(iii) on October 18, 
2016 (81 FR 72009, October 19, 2016).
    NMFS has determined that as of November 7, 2016, approximately 
2,000 metric tons of Pacific cod remain in the 2016 Pacific cod 
apportionment for catcher/processors using pot gear in the BSAI. 
Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully use the 2016 total allowable catch (TAC) 
of Pacific cod in the BSAI, NMFS is terminating the previous closure 
and is opening directed fishing for Pacific cod by catcher/processors 
using pot gear in the BSAI. The Administrator, Alaska Region, NMFS, 
(Regional Administrator) considered the following factors in reaching 
this decision: (1) The current catch of Pacific cod by catcher/
processors using pot gear in the BSAI and, (2) the harvest capacity and 
stated intent on future harvesting patterns of vessels in participating 
in this fishery.

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 opening of directed fishing for Pacific cod by catcher/
processors using pot gear in the BSAI. 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 and 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher/processors using pot gear in the BSAI to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until 
December 1, 2016.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: November 10, 2016.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries.
[FR Doc. 2016-27523 Filed 11-10-16; 4:15 pm]
 BILLING CODE 3510-22-P

80610 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations officers are authorized, in appropriate be varied from 45, 60 to 90 days, and resolution (CR). The item(s) listed in the table cases, to revise paragraph (a) of this the 75 percent from 75 to 85 percent: below are being incrementally funded as clause to specify the work required described below. The funding allotted to under the contract, in lieu of using Limitation of Government’s Obligation these item(s) is presently available for contract line item numbers as well as (Nov 2016) payment and allotted to this contract. This revise paragraph (c) of this clause to (a) Funding is not currently available to table will be updated by a modification to the specify a different notification period fully fund this contract due to the contract when additional funds are made and percentage. The 30-day period may Government operating under a continuing available, if any, to this contract. Funds Funds required for Contract line item number CLIN allotted to complete (CLIN) total price the funding of CLIN the CLIN $ $ $ $ $ $ $ $ $ $ $ $ Totals ........................................................................................................................................... $ $ $ (b) For the incrementally funded item(s) authorizing termination for the convenience DEPARTMENT OF COMMERCE identified in paragraph (a) of this clause, the of the Government. Failure to make the Contractor agrees to perform up to the point notification required by this paragraph, National Oceanic and Atmospheric at which the total amount payable by the whether for reasons within or beyond the Administration Government, including any invoice payments Contractor’s control, will not increase the to which the Contractor is entitled and maximum amount payable to the Contractor 50 CFR Part 679 reimbursement of authorized termination costs in the event of termination of those under paragraphs (a) and (b) of this clause. [Docket No. 150916863–6211–02] item(s) for the Government’s convenience, (d) The Government may at any time prior does not exceed the total amount currently to termination allot additional funds for the RIN 0648–XF036 obligated to those item(s). The Contractor is performance of the item(s) identified in not authorized to continue work on these paragraph (a) of this clause. Fisheries of the Exclusive Economic item(s) beyond that point. The Government (e) The termination provisions of Zone Off Alaska; Pacific Cod in the will not be obligated in any event to paragraphs (a) through (h) of this clause do Bering Sea and Aleutian Islands reimburse the Contractor in excess of the not limit the rights of the Government under Management Area amount allotted to the line items of the the clause entitled ‘‘Default’’ or ‘‘Termination contract regardless of anything to the AGENCY: National Marine Fisheries for Cause.’’ The provisions of this clause are Service (NMFS), National Oceanic and contrary in any other clause, including but limited to the work and allotment of funds not limited to the clause entitled Atmospheric Administration (NOAA), ‘‘Termination for Convenience of the for the item(s) set forth in paragraph (a) of Commerce. Government’’ or paragraph (1) entitled this clause. This clause no longer applies ACTION: Temporary rule; modification of ‘‘Termination for the Government’s once the contract is fully funded. (f) Nothing in this clause affects the right a closure. Convenience’’ of the clause at FAR 52.212– 4, ‘‘Commercial Terms and Conditions of the Government to terminate this contract SUMMARY: NMFS is opening directed Commercial Items.’’ pursuant to the Government’s termination for fishing for Pacific cod by catcher/ (c) Notwithstanding paragraph (h) of this convenience terms set forth in this contract. processors using pot gear in the Bering clause, the Contractor shall notify the (g) Nothing in this clause shall be Contracting Officer in writing at least thirty Sea and Aleutian Islands Management construed as authorization of voluntary Area (BSAI). This action is necessary to days prior to the date when, in the services whose acceptance is otherwise fully use the 2016 total allowable catch Contractor’s best judgment, the work will prohibited under 31 U.S.C. 1342. of Pacific cod allocated to catcher/ reach the point at which the total amount payable by the Government, including any (h) The parties contemplate that the processors using pot gear in the BSAI. cost for termination for convenience, will Government will allot funds to this contract DATES: Effective 1200 hours, Alaska approximate 85 percent of the total amount from time to time as the need arises and as local time (A.l.t.), November 15, 2016, then allotted to the contract for performance funds become available. There is no fixed through 2400 hours, A.l.t., December 31, of the item(s) identified in paragraph (a) of schedule for providing additional funds. this clause. The notification shall state the 2016. Comments must be received at the (End of clause) following address no later than 4:30 estimated date when that point will be reached and an estimate of additional Dated: November 8, 2016. p.m., A.l.t., December 1, 2016. funding, if any, needed to continue Iris B. Cooper, ADDRESSES: You may submit comments performance. The notification shall also Senior Procurement Executive, Office of the on this document, identified by NOAA– advise the Contracting Officer of the NMFS–2015–0118, by any of the Procurement Executive. estimated amount of additional funds following methods: [FR Doc. 2016–27548 Filed 11–15–16; 8:45 am] required for the timely performance of the • Electronic Submission: Submit all mstockstill on DSK3G9T082PROD with RULES item(s) funded pursuant to this contract. If BILLING CODE 4810–25–P electronic public comments via the after such notification additional funds are Federal e-Rulemaking Portal. Go to not allotted by the date identified in the Contractor’s notification, or by an agreed www.regulations.gov/ upon substitute date, the Contracting Officer #!docketDetail;D=NOAA-NMFS-2015- will terminate any item(s) for which 0118, click the ‘‘Comment Now!’’ icon, additional funds have not been allotted, complete the required fields, and enter pursuant to the terms of this contract or attach your comments. VerDate Sep<11>2014 16:03 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1

Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations 80611 • Mail: Submit written comments to NMFS closed directed fishing for data in a timely fashion and would Glenn Merrill, Assistant Regional Pacific cod by catcher/processors using delay the opening of directed fishing for Administrator, Sustainable Fisheries pot gear in the BSAI under Pacific cod by catcher/processors using Division, Alaska Region NMFS, Attn: § 679.20(d)(1)(iii) on October 18, 2016 pot gear in the BSAI. Immediate Ellen Sebastian. Mail comments to P.O. (81 FR 72009, October 19, 2016). notification is necessary to allow for the Box 21668, Juneau, AK 99802–1668. NMFS has determined that as of orderly conduct and efficient operation Instructions: Comments sent by any November 7, 2016, approximately 2,000 of this fishery, to allow the industry to other method, to any other address or metric tons of Pacific cod remain in the plan for the fishing season, and to avoid individual, or received after the end of 2016 Pacific cod apportionment for potential disruption to the fishing fleet the comment period, may not be catcher/processors using pot gear in the and processors. NMFS was unable to considered by NMFS. All comments BSAI. Therefore, in accordance with publish a notice providing time for received are a part of the public record § 679.25(a)(1)(i), (a)(2)(i)(C), and public comment because the most and will generally be posted for public (a)(2)(iii)(D), and to fully use the 2016 recent, relevant data only became viewing on www.regulations.gov total allowable catch (TAC) of Pacific available as of November 7, 2016. without change. All personal identifying cod in the BSAI, NMFS is terminating The AA also finds good cause to information (e.g., name, address), the previous closure and is opening waive the 30-day delay in the effective confidential business information, or directed fishing for Pacific cod by date of this action under 5 U.S.C. otherwise sensitive information catcher/processors using pot gear in the 553(d)(3). This finding is based upon submitted voluntarily by the sender will BSAI. The Administrator, Alaska the reasons provided above for waiver of be publicly accessible. NMFS will Region, NMFS, (Regional Administrator) prior notice and opportunity for public accept anonymous comments (enter considered the following factors in comment. ‘‘N/A’’ in the required fields if you wish reaching this decision: (1) The current catch of Pacific cod by catcher/ Without this inseason adjustment, to remain anonymous). Attachments to NMFS could not allow the fishery for electronic comments will be accepted in processors using pot gear in the BSAI and, (2) the harvest capacity and stated Pacific cod by catcher/processors using Microsoft Word, Excel, or Adobe PDF pot gear in the BSAI to be harvested in file formats only. intent on future harvesting patterns of vessels in participating in this fishery. an expedient manner and in accordance FOR FURTHER INFORMATION CONTACT: Josh with the regulatory schedule. Under Keaton, 907–586–7228. Classification § 679.25(c)(2), interested persons are SUPPLEMENTARY INFORMATION: NMFS This action responds to the best invited to submit written comments on manages the groundfish fishery in the available information recently obtained this action to the above address until BSAI exclusive economic zone from the fishery. The Assistant December 1, 2016. according to the Fishery Management Administrator for Fisheries, NOAA This action is required by § 679.25 Plan for Groundfish of the Bering Sea (AA), finds good cause to waive the and is exempt from review under and Aleutian Islands Management Area requirement to provide prior notice and Executive Order 12866. (FMP) prepared by the North Pacific opportunity for public comment Authority: 16 U.S.C. 1801 et seq. Fishery Management Council under pursuant to the authority set forth at 5 authority of the Magnuson-Stevens U.S.C. 553(b)(B) as such requirement is Dated: November 10, 2016. Fishery Conservation and Management impracticable and contrary to the public Jennifer M. Wallace, Act. Regulations governing fishing by interest. This requirement is Acting Director, Office of Sustainable U.S. vessels in accordance with the FMP impracticable and contrary to the public Fisheries. appear at subpart H of 50 CFR part 600 interest as it would prevent NMFS from [FR Doc. 2016–27523 Filed 11–10–16; 4:15 pm] and 50 CFR part 679. responding to the most recent fisheries BILLING CODE 3510–22–P mstockstill on DSK3G9T082PROD with RULES VerDate Sep<11>2014 16:03 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 E:\FR\FM\16NOR1.SGM 16NOR1


Document Created: 2016-11-16 00:57:44
Document Modified: 2016-11-16 00:57:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; modification of a closure.
DatesEffective 1200 hours, Alaska local time (A.l.t.), November 15, 2016, through 2400 hours, A.l.t., December 31, 2016. Comments must be
ContactJosh Keaton, 907-586-7228.
FR Citation81 FR 80610 
RIN Number0648-XF03
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