81_FR_9825 81 FR 9787 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Western Aleutian Islands District of the Bering Sea and Aleutian Islands Management Area

81 FR 9787 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Western Aleutian Islands District of the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 38 (February 26, 2016)

Page Range9787-9788
FR Document2016-04205

NMFS is prohibiting directed fishing for Pacific cod, including for the Community Development Quota program (CDQ), in the Western Aleutian Islands district of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the Western Aleutian Islands district Pacific cod harvest limit of the 2016 total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI.

Federal Register, Volume 81 Issue 38 (Friday, February 26, 2016)
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Rules and Regulations]
[Pages 9787-9788]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04205]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE471


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Western Aleutian Islands District of the Bering Sea and Aleutian 
Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod, 
including for the Community Development Quota program (CDQ), in the 
Western Aleutian Islands district of the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding the Western Aleutian Islands district Pacific cod harvest 
limit of the 2016 total allowable catch (TAC) in the Aleutian Islands 
subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 23, 
2016, through 2400 hrs, A.l.t., December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
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 Western Aleutian Islands district Pacific cod harvest limit of 
the 2016 TAC in the Aleutian Islands subarea of the BSAI is 3,377 
metric tons (mt) as established by the final 2015 and 2016 harvest 
specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) 
and inseason adjustment (81 FR 184, January 5, 2016). In accordance 
with Sec.  679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has 
determined that the Area 543 Pacific cod harvest limit of the 2016 
Pacific cod TAC in the Aleutian Islands subarea of the BSAI will soon 
be reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 2,377 mt, and is setting aside the 
remaining 1,000 mt as incidental catch in directed fishing for other 
species. In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod in the Western Aleutian Islands district of the BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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 directed fishing closure of Pacific cod in the Western 
Aleutian Islands district of the BSAI. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of February 22, 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.

[[Page 9788]]

    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: February 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-04205 Filed 2-23-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                  Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations                                           9787

                                                projected to be reached, by filing a                    protect the vermilion snapper resource,               Magnuson-Stevens Fishery
                                                notification to that effect with the Office             since the capacity of the fishing fleet               Conservation and Management Act.
                                                of the Federal Register, as established by              allows for rapid harvest of the                       Regulations governing fishing by U.S.
                                                Regulatory Amendment 18 (78 FR                          commercial quota. Prior notice and                    vessels in accordance with the FMP
                                                47574, August 6, 2013). The reduced                     opportunity for public comment on this                appear at subpart H of 50 CFR part 600
                                                commercial trip limit is 500 lb (227 kg),               action would require time and increase                and 50 CFR part 679.
                                                gutted weight, 555 lb (252 kg), round                   the probability that the commercial                      The Western Aleutian Islands district
                                                weight. Based on current information,                   sector could exceed its quota.                        Pacific cod harvest limit of the 2016
                                                NMFS has determined that 75 percent of                     For the aforementioned reasons, the                TAC in the Aleutian Islands subarea of
                                                the available commercial quota for the                  AA also finds good cause to waive the                 the BSAI is 3,377 metric tons (mt) as
                                                January 1 through June 30, 2016, fishing                30-day delay in the effectiveness of this             established by the final 2015 and 2016
                                                season for vermilion snapper will be                    action under 5 U.S.C. 553(d)(3).                      harvest specifications for groundfish in
                                                reached by March 2, 2016. Accordingly,                    Authority: 16 U.S.C. 1801 et seq.                   the BSAI (80 FR 11919, March 5, 2015)
                                                NMFS is reducing the commercial trip                                                                          and inseason adjustment (81 FR 184,
                                                limit for vermilion snapper to 500 lb                     Dated: February 23, 2016.
                                                                                                                                                              January 5, 2016). In accordance with
                                                (227 kg), gutted weight, 555 lb (252 kg),               Emily H. Menashes,
                                                                                                                                                              § 679.20(d)(1)(i), the Administrator,
                                                round weight, in or from the South                      Acting Director, Office of Sustainable                Alaska Region, NMFS, has determined
                                                Atlantic EEZ at 12:01 a.m., local time,                 Fisheries, National Marine Fisheries Service.
                                                                                                                                                              that the Area 543 Pacific cod harvest
                                                on March 2, 2016. This reduced                          [FR Doc. 2016–04191 Filed 2–25–16; 8:45 am]           limit of the 2016 Pacific cod TAC in the
                                                commercial trip limit will remain in                    BILLING CODE 3510–22–P                                Aleutian Islands subarea of the BSAI
                                                effect until the start of the next fishing                                                                    will soon be reached. Therefore, the
                                                season on July 1, 2016, or until the                                                                          Regional Administrator is establishing a
                                                commercial quota is reached and the                     DEPARTMENT OF COMMERCE                                directed fishing allowance of 2,377 mt,
                                                commercial sector closes, whichever                                                                           and is setting aside the remaining 1,000
                                                occurs first.                                           National Oceanic and Atmospheric
                                                                                                        Administration                                        mt as incidental catch in directed
                                                Classification                                                                                                fishing for other species. In accordance
                                                                                                        50 CFR Part 679                                       with § 679.20(d)(1)(iii), the Regional
                                                  The Regional Administrator,
                                                                                                                                                              Administrator finds that this directed
                                                Southeast Region, NMFS, has                             [Docket No. 141021887–5172–02]                        fishing allowance has been reached.
                                                determined this temporary rule is
                                                                                                        RIN 0648–XE471                                        Consequently, NMFS is prohibiting
                                                necessary for the conservation and
                                                management of South Atlantic                                                                                  directed fishing for Pacific cod in the
                                                vermilion snapper and is consistent                     Fisheries of the Exclusive Economic                   Western Aleutian Islands district of the
                                                with the Magnuson-Stevens Act and                       Zone Off Alaska; Pacific Cod in the                   BSAI.
                                                other applicable laws.                                  Western Aleutian Islands District of the                 After the effective date of this closure
                                                  This action is taken under 50 CFR                     Bering Sea and Aleutian Islands                       the maximum retainable amounts at
                                                622.191(a)(6)(ii) and is exempt from                    Management Area                                       § 679.20(e) and (f) apply at any time
                                                review under Executive Order 12866.                                                                           during a trip.
                                                                                                        AGENCY:  National Marine Fisheries
                                                  These measures are exempt from the                    Service (NMFS), National Oceanic and                  Classification
                                                procedures of the Regulatory Flexibility                Atmospheric Administration (NOAA),
                                                Act because the temporary rule is issued                                                                         This action responds to the best
                                                                                                        Commerce.                                             available information recently obtained
                                                without opportunity for prior notice and
                                                                                                        ACTION: Temporary rule; closure.                      from the fishery. The Assistant
                                                comment.
                                                  This action responds to the best                      SUMMARY:   NMFS is prohibiting directed               Administrator for Fisheries, NOAA
                                                scientific information available. The                   fishing for Pacific cod, including for the            (AA), finds good cause to waive the
                                                Assistant Administrator for Fisheries,                  Community Development Quota                           requirement to provide prior notice and
                                                NOAA (AA), finds that the need to                       program (CDQ), in the Western Aleutian                opportunity for public comment
                                                immediately implement this                              Islands district of the Bering Sea and                pursuant to the authority set forth at 5
                                                commercial trip limit reduction                         Aleutian Islands management area                      U.S.C. 553(b)(B) as such requirement is
                                                constitutes good cause to waive the                     (BSAI). This action is necessary to                   impracticable and contrary to the public
                                                requirements to provide prior notice                    prevent exceeding the Western Aleutian                interest. This requirement is
                                                and opportunity for public comment                      Islands district Pacific cod harvest limit            impracticable and contrary to the public
                                                pursuant to the authority set forth in 5                of the 2016 total allowable catch (TAC)               interest as it would prevent NMFS from
                                                U.S.C. 553(b)(B), because prior notice                  in the Aleutian Islands subarea of the                responding to the most recent fisheries
                                                and opportunity for public comment on                   BSAI.                                                 data in a timely fashion and would
                                                this temporary rule is unnecessary and                                                                        delay the directed fishing closure of
                                                contrary to the public interest. Such                   DATES: Effective 1200 hrs, Alaska local               Pacific cod in the Western Aleutian
                                                procedures are unnecessary, because the                 time (A.l.t.), February 23, 2016, through             Islands district of the BSAI. NMFS was
                                                rule establishing the trip limit has                    2400 hrs, A.l.t., December 31, 2016.                  unable to publish a notice providing
                                                already been subject to notice and                      FOR FURTHER INFORMATION CONTACT: Josh                 time for public comment because the
                                                comment, and all that remains is to                     Keaton, 907–586–7228.                                 most recent, relevant data only became
                                                notify the public of the trip limit                     SUPPLEMENTARY INFORMATION: NMFS                       available as of February 22, 2016.
mstockstill on DSK4VPTVN1PROD with RULES




                                                reduction. Prior notice and opportunity                 manages the groundfish fishery in the                    The AA also finds good cause to
                                                for public comment is contrary to the                   BSAI according to the Fishery                         waive the 30-day delay in the effective
                                                public interest, because any delay in                   Management Plan for Groundfish of the                 date of this action under 5 U.S.C.
                                                reducing the commercial trip limit                      Bering Sea and Aleutian Islands                       553(d)(3). This finding is based upon
                                                could result in the commercial quota                    Management Area (FMP) prepared by                     the reasons provided above for waiver of
                                                being exceeded. There is a need to                      the North Pacific Fishery Management                  prior notice and opportunity for public
                                                immediately implement this action to                    Council under authority of the                        comment.


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                                                9788              Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations

                                                  This action is required by § 679.20                     Authority: 16 U.S.C. 1801 et seq.                     Dated: February 23, 2016.
                                                and is exempt from review under                                                                               Emily H. Menashes,
                                                Executive Order 12866.                                                                                        Acting Director, Office of Sustainable
                                                                                                                                                              Fisheries, National Marine Fisheries Service.
                                                                                                                                                              [FR Doc. 2016–04205 Filed 2–23–16; 4:15 pm]
                                                                                                                                                              BILLING CODE 3510–22–P
mstockstill on DSK4VPTVN1PROD with RULES




                                           VerDate Sep<11>2014   17:33 Feb 25, 2016   Jkt 238001   PO 00000   Frm 00048   Fmt 4700   Sfmt 9990   E:\FR\FM\26FER1.SGM   26FER1



Document Created: 2018-02-02 14:37:02
Document Modified: 2018-02-02 14:37:02
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; closure.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), February 23, 2016, through 2400 hrs, A.l.t., December 31, 2016.
ContactJosh Keaton, 907-586-7228.
FR Citation81 FR 9787 
RIN Number0648-XE47

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