81 FR 83716 - Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2016 Gulf of Alaska Pollock Seasonal Apportionments
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 225 (November 22, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 225 (November 22, 2016)
| Page Range | 83716-83717 | |
| FR Document | 2016-28056 |
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)] [Rules and Regulations] [Pages 83716-83717] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28056] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150818742-6210-02] RIN 0648-XE958 Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2016 Gulf of Alaska Pollock Seasonal Apportionments AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS is adjusting the 2016 D seasonal apportionments of the total allowable catch (TAC) for pollock in the Gulf of Alaska (GOA) by re-apportioning unharvested pollock TAC in Statistical Areas 610, 620, and 630 of the GOA. This action is necessary to provide opportunity for harvest of the 2016 pollock TAC, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 17, 2016, until 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 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 (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 annual pollock TACs in Statistical Areas 610, 620, and 630 of the GOA are apportioned among four seasons, in accordance with Sec. 679.23(d)(2). Regulations at Sec. 679.20(a)(5)(iv)(B) allow the underharvest of a seasonal apportionment to be added to subsequent seasonal apportionments, provided that any revised seasonal apportionment does not exceed 20 percent of the seasonal apportionment for a given statistical area. Therefore, NMFS is increasing the D season [[Page 83717]] apportionment of pollock in Statistical Areas 620 and 630 of the GOA to reflect the underharvest of pollock in those areas during the B season. In addition, any underharvest remaining beyond 20 percent of the originally specified seasonal apportionment in a particular area may be further apportioned to other statistical areas. Therefore, NMFS also is increasing the D season apportionment of pollock to Statistical Areas 610 and 630 based on the underharvest of pollock in Statistical Areas 620 of the GOA. These adjustments are described below. The D seasonal apportionment of the 2016 pollock TAC in Statistical Area 610 of the GOA is 24,421 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016). In accordance with Sec. 679.20(a)(5)(iv)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), hereby increases the D season apportionment for Statistical Area 610 by 3,508 mt to account for both the Statistical Area 610 C season overharvest of 1,376 mt and the Statistical Areas 620 C season TAC underharvest. This increase is in proportion to the estimated pollock biomass and is not greater than 20 percent of the D seasonal apportionment of the TAC in Statistical Area 610. Therefore, the revised D seasonal apportionment of the pollock TAC in Statistical Area 610 is 27,929 mt (24,421 mt plus 3,508 mt). The D seasonal apportionment of the pollock TAC in Statistical Area 620 of the GOA is 15,402 mt as established by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016). In accordance with Sec. 679.20(a)(5)(iv)(B), the Regional Administrator hereby increases the D seasonal apportionment for Statistical Area 620 by 3,080 mt to account for the underharvest of the TAC in Statistical Areas 620 in the C season. This increase is not greater than 20 percent of the D seasonal apportionment of the TAC in Statistical Area 620. Therefore, the revised D seasonal apportionment of the pollock TAC in Statistical Area 620 is 18,482 mt (15,402 mt plus 3,080 mt). The D seasonal apportionment of pollock TAC in Statistical Area 630 of the GOA is 19,822 mt as established by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016). In accordance with Sec. 679.20(a)(5)(iv)(B), the Regional Administrator hereby increases the D seasonal apportionment for Statistical Area 630 by 3,964 mt to account for the underharvest of the TAC in Statistical Areas 620 and 630 in the C season. This increase is in proportion to the estimated pollock biomass and is not greater than 20 percent of the D seasonal apportionment of the TAC in Statistical Area 630. Therefore, the revised D seasonal apportionment of pollock TAC in Statistical Area 630 is 23,786 mt (19,822 mt plus 3,964 mt). 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 provide opportunity to harvest increased pollock seasonal apportionments. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 16, 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 16, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-28056 Filed 11-17-16; 11:15 am] BILLING CODE 3510-22-P
![83716 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations
CNMI territorial allocation limit of 1,000 reaching the bigeye tuna allocation limit DEPARTMENT OF COMMERCE
mt will be reached by December 1, 2016, established by the 2016 specification for
and is, as an accountability measure, catch and allocation limits of bigeye National Oceanic and Atmospheric
prohibiting the catch and retention of tuna for the CNMI, and the specified Administration
longline-caught bigeye tuna by vessels fishing agreement between the
in the CNMI/QMI agreement. Government of the CNMI and QMI 50 CFR Part 679
Notice of Closure and Temporary Rule dated April 14, 2016. [Docket No. 150818742–6210–02]
Effective 12:01 a.m. local time NMFS forecasted that the fishery
RIN 0648–XE958
December 1, 2016, through December would reach the 2016 CNMI allocation
31, 2016, NMFS closes the U.S. pelagic limit by December 1, 2016. Fishermen Fisheries of the Exclusive Economic
longline fishery for bigeye tuna in the have been subject to longline bigeye Zone Off Alaska; Inseason Adjustment
western and central Pacific Ocean as a tuna limits in the western and central to the 2016 Gulf of Alaska Pollock
result of the fishery reaching the 2016 Pacific since 2009. They have received Seasonal Apportionments
allocation limit of 1,000 mt for the ongoing, updated information about the
CNMI. 2016 catch and progress of the fishery AGENCY: National Marine Fisheries
During the closure, a U.S. fishing in reaching the U.S. bigeye tuna limit Service (NMFS), National Oceanic and
vessel operating under the CNMI/QMI Atmospheric Administration (NOAA),
via the NMFS Web site, social media,
agreement may not retain on board, Commerce.
and other means. The publication
transship, or land bigeye tuna captured timing of this rule, moreover, provides ACTION: Temporary rule; inseason
by longline gear in the WCPO, except adjustment.
longline fishermen with seven days’
that any bigeye tuna already on board a
advance notice of the closure date, and SUMMARY: NMFS is adjusting the 2016 D
fishing vessel upon the effective date of
the restrictions may be retained on allows two weeks to return to port and seasonal apportionments of the total
board, transshipped, and landed, land their catch of bigeye tuna. This allowable catch (TAC) for pollock in the
provided that they are landed within 14 action is intended to comply with Gulf of Alaska (GOA) by re-apportioning
days of the start of the closure; that is, regulations managing this stock, and, unharvested pollock TAC in Statistical
by December 15, 2016. Additionally, accordingly NMFS finds it Areas 610, 620, and 630 of the GOA.
U.S. fishing vessels operating under the impracticable and contrary to the public This action is necessary to provide
CNMI/QMI agreement are also interest to have prior notice and public opportunity for harvest of the 2016
prohibited from transshipping bigeye comment. pollock TAC, consistent with the goals
tuna caught in the WCPO by longline For the reasons stated above, there is and objectives of the Fishery
gear to any vessel other than a U.S. also good cause under 5 U.S.C. 553(d)(3) Management Plan for Groundfish of the
fishing vessel with a valid permit issued to waive the 30-day delay in Gulf of Alaska.
under 50 CFR 660.707 or 665.801. effectiveness for this temporary rule. DATES: Effective 1200 hours, Alaska
During the closure, all other NMFS must close the fishery to ensure local time (A.l.t.), November 17, 2016,
restrictions and requirements NMFS that fishery does not exceed the until 2400 hours A.l.t., December 31,
established on July 22, 2016, as a result 2016.
allocation limit. NMFS implemented the
of the U.S. longline fishery reaching the
catch and allocation limits for the CNMI FOR FURTHER INFORMATION CONTACT: Josh
2016 U.S. bigeye tuna limit of 3,554 mt
consistent with management objectives Keaton, 907–586–7228.
(81 FR 45982, July 15, 2016) shall
remain valid and effective. to sustainable manage the bigeye tuna SUPPLEMENTARY INFORMATION: NMFS
If, prior to December 1, 2016, NMFS stock and restore the stock to levels manages the groundfish fishery in the
receives a valid specified fishing capable of producing maximum GOA exclusive economic zone
agreement between a U.S. longline sustainable yield on a continuing basis. according to the Fishery Management
fishing vessel(s) and another U.S. Failure to close the fishery before the Plan for Groundfish of the Gulf of
territory, any vessel included in the limit is reached would be inconsistent Alaska (FMP) prepared by the North
CNMI/QMI agreement that is also with bigeye tuna management Pacific Fishery Management Council
included in the subsequent agreement objections and in violation of Federal (Council) under authority of the
may continue to transship, retain, and law. Magnuson-Stevens Fishery
land bigeye tuna caught by longline gear Conservation and Management Act.
This action is required by 50 CFR
in the WCPO. Additionally, if any such Regulations governing fishing by U.S.
665.819(d), and is exempt from review vessels in accordance with the FMP
vessel is engaged in a longline fishing under Executive Order 12866.
trip in the WCPO on December 1, 2016, appear at subpart H of 50 CFR part 600
that vessel would not need to return to Authority: 16 U.S.C. 1801 et seq. and 50 CFR part 679.
port before December 15, 2016. NMFS Dated: November 17, 2016. The annual pollock TACs in
would announce any valid specified Statistical Areas 610, 620, and 630 of
Emily H. Menashes,
fishing agreement in the Federal the GOA are apportioned among four
Acting Director, Office of Sustainable seasons, in accordance with
Register.
Fisheries, National Marine Fisheries Service. § 679.23(d)(2). Regulations at
Classification [FR Doc. 2016–28061 Filed 11–17–16; 11:15 am] § 679.20(a)(5)(iv)(B) allow the
There is good cause under 5 U.S.C. BILLING CODE 3510–22–P underharvest of a seasonal
sradovich on DSK3GMQ082PROD with RULES
553(b)(B) to waive prior notice and the apportionment to be added to
opportunity for public comment on this subsequent seasonal apportionments,
action, because it would be provided that any revised seasonal
impracticable and contrary to public apportionment does not exceed 20
interest, as discussed below. This rule percent of the seasonal apportionment
closes the U.S. longline fishery for for a given statistical area. Therefore,
bigeye tuna in the WCPO as a result of NMFS is increasing the D season
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![Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations 83717
apportionment of pollock in Statistical the GOA is 15,402 mt as established by from the fishery. The Assistant
Areas 620 and 630 of the GOA to reflect the final 2016 and 2017 harvest Administrator for Fisheries, NOAA
the underharvest of pollock in those specifications for groundfish of the GOA (AA), finds good cause to waive the
areas during the B season. In addition, (81 FR 14740, March 18, 2016). In requirement to provide prior notice and
any underharvest remaining beyond 20 accordance with § 679.20(a)(5)(iv)(B), opportunity for public comment
percent of the originally specified the Regional Administrator hereby pursuant to the authority set forth at 5
seasonal apportionment in a particular increases the D seasonal apportionment U.S.C. 553(b)(B) as such requirement is
area may be further apportioned to other for Statistical Area 620 by 3,080 mt to impracticable and contrary to the public
statistical areas. Therefore, NMFS also is account for the underharvest of the TAC interest. This requirement is
increasing the D season apportionment in Statistical Areas 620 in the C season.
impracticable and contrary to the public
of pollock to Statistical Areas 610 and This increase is not greater than 20
interest as it would prevent NMFS from
630 based on the underharvest of percent of the D seasonal apportionment
pollock in Statistical Areas 620 of the of the TAC in Statistical Area 620. responding to the most recent fisheries
GOA. These adjustments are described Therefore, the revised D seasonal data in a timely fashion and would
below. apportionment of the pollock TAC in provide opportunity to harvest
The D seasonal apportionment of the Statistical Area 620 is 18,482 mt (15,402 increased pollock seasonal
2016 pollock TAC in Statistical Area mt plus 3,080 mt). apportionments. NMFS was unable to
610 of the GOA is 24,421 metric tons The D seasonal apportionment of publish a notice providing time for
(mt) as established by the final 2016 and pollock TAC in Statistical Area 630 of public comment because the most
2017 harvest specifications for the GOA is 19,822 mt as established by recent, relevant data only became
groundfish of the GOA (81 FR 14740, the final 2016 and 2017 harvest available as of November 16, 2016.
March 18, 2016). In accordance with specifications for groundfish of the GOA The AA also finds good cause to
§ 679.20(a)(5)(iv)(B), the Administrator, (81 FR 14740, March 18, 2016). In waive the 30-day delay in the effective
Alaska Region, NMFS (Regional accordance with § 679.20(a)(5)(iv)(B),
date of this action under 5 U.S.C.
Administrator), hereby increases the D the Regional Administrator hereby
553(d)(3). This finding is based upon
season apportionment for Statistical increases the D seasonal apportionment
Area 610 by 3,508 mt to account for for Statistical Area 630 by 3,964 mt to the reasons provided above for waiver of
both the Statistical Area 610 C season account for the underharvest of the TAC prior notice and opportunity for public
overharvest of 1,376 mt and the in Statistical Areas 620 and 630 in the comment.
Statistical Areas 620 C season TAC C season. This increase is in proportion This action is required by § 679.20
underharvest. This increase is in to the estimated pollock biomass and is and is exempt from review under
proportion to the estimated pollock not greater than 20 percent of the D Executive Order 12866.
biomass and is not greater than 20 seasonal apportionment of the TAC in Authority: 16 U.S.C. 1801 et seq.
percent of the D seasonal apportionment Statistical Area 630. Therefore, the
of the TAC in Statistical Area 610. revised D seasonal apportionment of Dated: November 16, 2016.
Therefore, the revised D seasonal pollock TAC in Statistical Area 630 is Emily H. Menashes,
apportionment of the pollock TAC in 23,786 mt (19,822 mt plus 3,964 mt). Acting Director, Office of Sustainable
Statistical Area 610 is 27,929 mt (24,421 Fisheries, National Marine Fisheries Service.
mt plus 3,508 mt). Classification
[FR Doc. 2016–28056 Filed 11–17–16; 11:15 am]
The D seasonal apportionment of the This action responds to the best
BILLING CODE 3510–22–P
pollock TAC in Statistical Area 620 of available information recently obtained
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Document Created: 2018-02-14 08:28:59
Document Modified: 2018-02-14 08:28:59
| 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; inseason adjustment. | |
| Dates | Effective 1200 hours, Alaska local time (A.l.t.), November 17, 2016, until 2400 hours A.l.t., December 31, 2016. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 81 FR 83716 | |
| RIN Number | 0648-XE95 |
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