81 FR 95062 - 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 248 (December 27, 2016)

Page Range		95062-95063
FR Document		2016-31151

NMFS is reallocating the projected unused amount of Pacific cod from 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 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.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95062-95063]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF109


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.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from 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 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 December 21, 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 greater than 
or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 14,598 
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; and 81 FR 80006, November 15, 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 2,500 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 (B), NMFS reallocates 2,500 mt of Pacific cod 
to C/Ps using hook-and-line 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; 81 FR 80006, November 15, 2016) are revised as follows: 12,098 
for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 
pot gear, and 114,283 for C/Ps using hook-and-line 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 catcher 
vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear to 
C/Ps using hook-and-line 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.

[[Page 95063]]

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 December 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: December 21, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31151 Filed 12-21-16; 4:15 pm]
 BILLING CODE 3510-22-P

95062 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

First, if this action is not effective on Small Business Administration during Act. Regulations governing fishing by
January 1, 2017, the current suspension the proposed rule stage that this action U.S. vessels in accordance with the FMP
of the surfclam minimum size limit would not have a significant economic appear at subpart H of 50 CFR part 600
would expire. Timely publication of the impact on a substantial number of small and 50 CFR part 679.
2017 minimum size suspension for the entities. The factual basis for the The 2016 Pacific cod TAC specified
January 1 start of the fishing year certification was published in the for catcher vessels greater than or equal
relieves this restriction, thus exempting proposed rule and is not repeated here. to 60 feet (18.3 m) LOA using pot gear
the minimum size suspension under No comments were received regarding in the BSAI is 14,598 mt as established
this rule from the requirement for a 30- this certification. As a result, a by the final 2016 and 2017 harvest
day delay in effectiveness (5 U.S.C. regulatory flexibility analysis was not specifications for groundfish of the
553(d)(1)). There is also good cause to required and none was prepared. BSAI (81 FR 14773, March 18, 2016)
waive the 30-day delay because, until and reallocations (81 FR 69445, October
Authority: 16 U.S.C. 1801 et seq.
the new suspension is effective, fishing 6, 2016; and 81 FR 80006, November 15,
vessels would be subject to the size Dated: December 19, 2016. 2016). The Regional Administrator has
limit and would incur additional Samuel D. Rauch III, determined that catcher vessels greater
expense and lost fishing time to have Deputy Assistant Administrator for than or equal to 60 feet (18.3 m) LOA
crew members sort the catch to comply Regulatory Programs, National Marine using pot gear will not be able to harvest
with the default minimum surfclam Fisheries Service. 2,500 mt of the remaining 2016 Pacific
length of 4.75 inches (12.065 cm). The [FR Doc. 2016–31077 Filed 12–23–16; 8:45 am] cod TAC allocated to those vessels
minimum surfclam size has routinely BILLING CODE 3510–22–P under § 679.20(a)(7)(ii)(A)(5).
been suspended each year for over a Therefore, in accordance with
decade. If the minimum size were again § 679.20(a)(7)(iii), taking into account
in effect without prior warning, it would DEPARTMENT OF COMMERCE the capabilities of the sectors to harvest
cause significant confusion for industry reallocated amounts of Pacific cod, and
members and disruption to normal National Oceanic and Atmospheric following the hierarchies set forth in
fishing operations. Vessels operating Administration § 679.20(a)(7)(iii)(A) and (B), NMFS
unaware of the reinstatement of the reallocates 2,500 mt of Pacific cod to C/
minimum size may also violate the 50 CFR Part 679 Ps using hook-and-line gear in the
applicable regulation. [Docket No. 150916863–6211–02] Bering Sea and Aleutian Islands
Second, a delay in the effective date management area.
of this final rule may also cause RIN 0648–XF109 The harvest specifications for Pacific
substantial confusion. The regulations at cod included in the final 2016 and 2017
Fisheries of the Exclusive Economic harvest specifications for groundfish of
50 CFR 648.72(c) state that ‘‘annual
Zone Off Alaska; Reallocation of the BSAI (81 FR 14773, March 18, 2016;
quotas for surfclams and ocean quahogs
Pacific Cod in the Bering Sea and 81 FR 57491, August 23, 2016; 81 FR
will remain effective unless revised
Aleutian Islands Management Area 61143, September 6, 2016; 81 FR 69445,
pursuant to this section,’’ and requires
NMFS to publish ‘‘notification in the AGENCY: National Marine Fisheries October 6, 2016; 81 FR 76530,
Federal Register if the previous year’s Service (NMFS), National Oceanic and November 3, 2016; 81 FR 80006,
specifications will not be changed.’’ Atmospheric Administration (NOAA), November 15, 2016) are revised as
Members of the fishing industry may Commerce. follows: 12,098 for catcher vessels
not be aware that quotas remain greater than or equal to 60 feet (18.3 m)
ACTION: Temporary rule; reallocation.
effective without the timely publication LOA using pot gear, and 114,283 for C/
of a notice to inform them that SUMMARY: NMFS is reallocating the Ps using hook-and-line gear.
specifications are not being changed. As projected unused amount of Pacific cod Classification
a result, fishermen could be hesitant to from catcher vessels greater than or
fish or transfer cage tags if they think equal to 60 feet (18.3 meters (m)) length This action responds to the best
there are no quotas or that the overall (LOA) using pot gear to catcher/ available information recently obtained
associated cage tags may not be valid. processors (C/Ps) using hook-and-line from the fishery. The Assistant
Delaying the effectiveness of this rule gear in the Bering Sea and Aleutian Administrator for Fisheries, NOAA
past January 1, 2017, would provide no Islands (BSAI) management area. This (AA), finds good cause to waive the
benefit to the public or the fishing action is necessary to allow the 2016 requirement to provide prior notice and
industry. On the contrary, there could total allowable catch of Pacific cod to be opportunity for public comment
potentially be significant disruption and harvested. pursuant to the authority set forth at 5
cost to the fishery if the minimum size U.S.C. 553(b)(B) as such requirement is
DATES: Effective December 21, 2016
suspension is not in place on January 1. impracticable and contrary to the public
through 2400 hours, Alaska local time interest. This requirement is
Therefore, there is good cause to waive (A.l.t.), December 31, 2016.
the 30-day delay in effectiveness, as not impracticable and contrary to the public
FOR FURTHER INFORMATION CONTACT: Josh interest as it would prevent NMFS from
doing so would be contrary to the
public’s interest. Keaton, 907–586–7228. responding to the most recent fisheries
This action does not introduce any SUPPLEMENTARY INFORMATION: NMFS data in a timely fashion and would
new reporting, recordkeeping, or other manages the groundfish fishery in the delay the reallocation of Pacific cod
asabaliauskas on DSK3SPTVN1PROD with RULES

compliance requirements. This final Bering Sea and Aleutian Islands (BSAI) specified from catcher vessels greater
rule does not duplicate, overlap, or according to the Fishery Management than or equal to 60 feet (18.3 m) LOA
conflict with other Federal rules. Plan for Groundfish of the Bering Sea using pot gear to C/Ps using hook-and-
This final rule is exempt from the and Aleutian Islands Management Area line gear in the Bering Sea and Aleutian
requirements of E.O. 12866. (FMP) prepared by the North Pacific Islands management area. Since these
The Chief Counsel for Regulation of Fishery Management Council under fisheries are currently open, it is
the Department of Commerce certified authority of the Magnuson-Stevens important to immediately inform the
to the Chief Counsel for Advocacy of the Fishery Conservation and Management industry as to the revised allocations.

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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 95063

Immediate notification is necessary to according to the Fishery Management allow the industry to plan for the fishing
allow for the orderly conduct and Plan for Groundfish of the Gulf of season, and to avoid potential
efficient operation of this fishery, to Alaska (FMP) prepared by the North disruption to the fishing fleet as well as
allow the industry to plan for the fishing Pacific Fishery Management Council processors. NMFS was unable to
season, and to avoid potential under authority of the Magnuson- publish a notice providing time for
disruption to the fishing fleet as well as Stevens Fishery Conservation and public comment because the most
processors. NMFS was unable to Management Act. Regulations governing recent, relevant data only became
publish a notice providing time for fishing by U.S. vessels in accordance available as of December 21, 2016.
public comment because the most with the FMP appear at subpart H of 50 The AA also finds good cause to
recent, relevant data only became CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective
available as of December 20, 2016. The 2016 Pacific cod total allowable date of this action under 5 U.S.C.
The AA also finds good cause to catch (TAC) specified for catcher vessels 553(d)(3). This finding is based upon
waive the 30-day delay in the effective using trawl gear in the Central the reasons provided above for waiver of
date of this action under 5 U.S.C. Regulatory Area of the GOA is 15,226 prior notice and opportunity for public
553(d)(3). This finding is based upon metric tons (mt), as established by the comment.
the reasons provided above for waiver of final 2016 and 2017 harvest This action is required by § 679.20
prior notice and opportunity for public specifications for groundfish in the GOA and is exempt from review under
comment. (81 FR 14740, March 18, 2016). The Executive Order 12866.
This action is required by § 679.20 Administrator, Alaska Region, NMFS,
Authority: 16 U.S.C. 1801 et seq.
and is exempt from review under (Regional Administrator) has
Executive Order 12866. determined that catcher vessels using Dated: December 21, 2016.
trawl gear in the Central Regulatory Alan D. Risenhoover,
Authority: 16 U.S.C. 1801 et seq.
Area of the GOA will not be able to Director, Office of Sustainable Fisheries,
Dated: December 21, 2016. harvest 1,000 mt of the 2016 Pacific cod National Marine Fisheries Service.
Alan D. Risenhoover, TAC allocated to those vessels under [FR Doc. 2016–31155 Filed 12–21–16; 4:15 pm]
Director, Office of Sustainable Fisheries, § 679.20(a)(12)(i)(B). BILLING CODE 3510–22–P
National Marine Fisheries Service. In accordance with
[FR Doc. 2016–31151 Filed 12–21–16; 4:15 pm] § 679.20(a)(12)(ii)(B), the Regional
BILLING CODE 3510–22–P Administrator has also determined that DEPARTMENT OF COMMERCE
vessels using pot gear in the Central
Regulatory Area of the GOA currently National Oceanic and Atmospheric
DEPARTMENT OF COMMERCE have the capacity to harvest this excess Administration
allocation and reallocates 1,000 mt to
National Oceanic and Atmospheric vessels using pot gear. 50 CFR Part 679
Administration The harvest specifications for Pacific
cod included in the final 2016 and 2017 [Docket No. 150818742–6210–02]
50 CFR Part 679 harvest specifications for groundfish of RIN 0648–XF104
the GOA (81 FR 14740, March 18, 2016)
[Docket No. 150818742–6210–02]
and one reallocation (81 FR 15650, Fisheries of the Exclusive Economic
RIN 0648–XF103 March 24, 2016) are revised as follows: Zone Off Alaska; Inseason Adjustment
14,226 mt to the annual amount for to the 2017 Gulf of Alaska Pollock and
Fisheries of the Exclusive Economic catcher vessels using trawl gear and Pacific Cod Total Allowable Catch
Zone Off Alaska; Reallocation of 12,680 mt for vessels using pot gear. Amounts
Pacific Cod in the Central Regulatory
Area of the Gulf of Alaska Classification AGENCY: National Marine Fisheries
This action responds to the best Service (NMFS), National Oceanic and
AGENCY: National Marine Fisheries available information recently obtained Atmospheric Administration (NOAA),
Service (NMFS), National Oceanic and from the fishery. The Assistant Commerce.
Atmospheric Administration (NOAA), Administrator for Fisheries, NOAA ACTION: Temporary rule; inseason
Commerce. (AA), finds good cause to waive the adjustment; request for comments.
ACTION: Temporary rule; reallocation. requirement to provide prior notice and
opportunity for public comment SUMMARY: NMFS is adjusting the 2017
SUMMARY: NMFS is reallocating the total allowable catch (TAC) amounts for
projected unused amount of Pacific cod pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is the Gulf of Alaska (GOA) pollock and
from catcher vessels using trawl gear to Pacific cod fisheries. This action is
vessels using pot gear in the Central impracticable and contrary to the public
interest. This requirement is necessary because NMFS has
Regulatory Area of the Gulf of Alaska determined these TACs are incorrectly
(GOA). This action is necessary to allow impracticable and contrary to the public
interest as it would prevent NMFS from specified, and will ensure the GOA
the 2016 total allowable catch of Pacific pollock and Pacific cod TACs are the
cod in the Central Regulatory Area of responding to the most recent fisheries
data in a timely fashion and would appropriate amounts based on the best
the GOA to be harvested. available scientific information for
delay the reallocation of Pacific cod
DATES: Effective December 21, 2016
asabaliauskas on DSK3SPTVN1PROD with RULES

specified from catcher vessels using pollock and Pacific cod in the GOA.
through 2400 hours, Alaska local time trawl gear to vessels using pot gear. This action is consistent with the goals
(A.l.t.), December 31, 2016. Since the fishery is currently open, it is and objectives of the Fishery
FOR FURTHER INFORMATION CONTACT: important to immediately inform the Management Plan for Groundfish of the
Obren Davis, 907–586–7228. industry as to the revised allocations. Gulf of Alaska.
SUPPLEMENTARY INFORMATION: NMFS Immediate notification is necessary to DATES: Effective 1200 hours, Alaska
manages the groundfish fishery in the allow for the orderly conduct and local time (A.l.t.), December 27, 2016,
GOA exclusive economic zone efficient operation of this fishery, to until the effective date of the final 2017

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Document Created: 2018-02-14 09:13:43
Document Modified: 2018-02-14 09:13:43

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 December 21, 2016 through 2400 hours, Alaska local time (A.l.t.), December 31, 2016.
Contact		Josh Keaton, 907-586-7228.
FR Citation		81 FR 95062
RIN Number		0648-XF10

81 FR 95062 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 248 (December 27, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration