82 FR 11852 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 37 (February 27, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 37 (February 27, 2017)
| Page Range | 11852-11853 | |
| FR Document | 2017-03784 |
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)] [Rules and Regulations] [Pages 11852-11853] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03784] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150818742-6210-02] RIN 0648-XF244 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2017 Pacific cod total allowable catch apportioned to vessels using pot gear in the Central Regulatory Area of the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 23, 2017, through 1200 hours, A.l.t., June 10, 2017. FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 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. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680. The A season allowance of the 2017 Pacific cod total allowable catch (TAC) apportioned to vessels using pot gear in the Central Regulatory Area of the GOA is 5,849 metric tons (mt), as established by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016) and inseason adjustment (81 FR 95063, December 27, 2016). In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the A season allowance of the 2017 Pacific cod TAC apportioned to vessels using pot gear in the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 5,839 mt and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries. 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 by vessels using pot gear in the Central Regulatory Area of the GOA. 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 Acting 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 for vessels using pot gear in the Central Regulatory Area of the GOA. [[Page 11853]] NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 21, 2017. 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: February 22, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-03784 Filed 2-22-17; 4:15 pm] BILLING CODE 3510-22-P
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fishing vessels, allowing them to move groundfish fisheries of the BSAI. This GOA exclusive economic zone
from closed fisheries to open ones, action is necessary to establish harvest according to the Fishery Management
increasing the fishing capacity in those limits and associated management Plan for Groundfish of the Gulf of
open fisheries, and causing them to measures for groundfish during the 2017 Alaska (FMP) prepared by the North
close at an accelerated pace. and 2018 fishing years and to Pacific Fishery Management Council
Additionally, in fisheries subject to accomplish the goals and objectives of under authority of the Magnuson-
declining sideboards, delaying this the FMP. This action directly affects all Stevens Fishery Conservation and
rule’s effectiveness could allow some fishermen who participate in the BSAI Management Act. Regulations governing
vessels to inadvertently reach or exceed fisheries. The specific amounts of OFL, fishing by U.S. vessels in accordance
their new sideboard levels. Because ABC, TAC, and PSC are provided in with the FMP appear at subpart H of 50
sideboards are intended to protect tables to assist the reader. NMFS will CFR part 600 and 50 CFR part 679.
traditional fisheries in other sectors, announce closures of directed fishing in Regulations governing sideboard
allowing one sector to exceed its new the Federal Register and information protections for GOA groundfish
sideboards by delaying this rule’s bulletins released by the Alaska Region. fisheries appear at subpart B of 50 CFR
effectiveness would effectively reduce Affected fishermen should keep part 680.
the available catch for sectors without themselves informed of such closures. The A season allowance of the 2017
sideboard limits. Moreover, the new Pacific cod total allowable catch (TAC)
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
TAC and sideboard limits protect the 1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
apportioned to vessels using pot gear in
fisheries from being overfished. Thus, 3631 et seq.; Pub. L. 105–277; Pub. L. 106– the Central Regulatory Area of the GOA
the delay is contrary to the public 31; Pub. L. 106–554; Pub. L. 108–199; Pub. is 5,849 metric tons (mt), as established
interest in protecting traditional L. 108–447; Pub. L. 109–241; Pub. L. 109– by the final 2016 and 2017 harvest
fisheries and fish stocks. 479. specifications for groundfish of the GOA
If the final harvest specifications are Dated: February 21, 2017. (81 FR 14740, March 18, 2016) and
not effective by March 11, 2017, which Alan D. Risenhoover, inseason adjustment (81 FR 95063,
is the start of the 2017 Pacific halibut December 27, 2016).
Acting Deputy Assistant Administrator for
season as specified by the IPHC, the Regulatory Programs, National Marine
In accordance with § 679.20(d)(1)(i),
hook-and-line sablefish fishery will not Fisheries Service. the Administrator, Alaska Region,
begin concurrently with the Pacific [FR Doc. 2017–03698 Filed 2–24–17; 8:45 am]
NMFS (Regional Administrator) has
halibut IFQ season. Delayed determined that the A season allowance
BILLING CODE 3510–22–P
effectiveness of this action would result of the 2017 Pacific cod TAC
in confusion for sablefish harvesters and apportioned to vessels using pot gear in
economic harm from unnecessary DEPARTMENT OF COMMERCE the Central Regulatory Area of the GOA
discard of sablefish that are caught will soon be reached. Therefore, the
along with Pacific halibut, as both hook- National Oceanic and Atmospheric Regional Administrator is establishing a
and-line sablefish and Pacific halibut Administration directed fishing allowance of 5,839 mt
are managed under the same IFQ and is setting aside the remaining 10 mt
program. Immediate effectiveness of the 50 CFR Part 679 as bycatch to support other anticipated
final 2017 and 2018 harvest groundfish fisheries. In accordance with
specifications will allow the sablefish [Docket No. 150818742–6210–02] § 679.20(d)(1)(iii), the Regional
IFQ fishery to begin concurrently with RIN 0648–XF244 Administrator finds that this directed
the Pacific halibut IFQ season. Also, fishing allowance has been reached.
immediate effectiveness of this action Fisheries of the Exclusive Economic Consequently, NMFS is prohibiting
will ensure consistent management and Zone Off Alaska; Pacific Cod by directed fishing for Pacific cod by
conservation of fishery resources based Vessels Using Pot Gear in the Central vessels using pot gear in the Central
upon the best available scientific Regulatory Area of the Gulf of Alaska Regulatory Area of the GOA. After the
information, particularly for those effective date of this closure the
AGENCY: National Marine Fisheries
species that have lower 2017 ABC and maximum retainable amounts at
Service (NMFS), National Oceanic and
TAC limits than those established in the § 679.20(e) and (f) apply at any time
Atmospheric Administration (NOAA),
2016 and 2017 harvest specifications (81 during a trip.
Commerce.
FR 14773, March 18, 2016). Immediate
ACTION: Temporary rule; closure. Classification
effectiveness also would provide the
fishing industry the earliest possible SUMMARY: NMFS is prohibiting directed This action responds to the best
opportunity to plan and conduct its fishing for Pacific cod by vessels using available information recently obtained
fishing operations with respect to new pot gear in the Central Regulatory Area from the fishery. The Acting Assistant
information about TAC limits. of the Gulf of Alaska (GOA). This action Administrator for Fisheries, NOAA
Therefore, NMFS finds good cause to is necessary to prevent exceeding the A (AA), finds good cause to waive the
waive the 30-day delay in effectiveness season allowance of the 2017 Pacific requirement to provide prior notice and
under 5 U.S.C. 553(d)(3). cod total allowable catch apportioned to opportunity for public comment
vessels using pot gear in the Central pursuant to the authority set forth at 5
Small Entity Compliance Guide U.S.C. 553(b)(B) as such requirement is
Regulatory Area of the GOA.
This final rule is a plain language impracticable and contrary to the public
DATES: Effective 1200 hours, Alaska
guide to assist small entities in interest. This requirement is
local time (A.l.t.), February 23, 2017,
sradovich on DSK3GMQ082PROD with RULES
complying with this final rule as impracticable and contrary to the public
required by the Small Business through 1200 hours, A.l.t., June 10, interest as it would prevent NMFS from
Regulatory Enforcement Fairness Act of 2017. responding to the most recent fisheries
1996. This final rule’s primary purpose FOR FURTHER INFORMATION CONTACT: data in a timely fashion and would
is to announce the final 2017 and 2018 Obren Davis, 907–586–7228. delay the directed fishing closure of
harvest specifications and prohibited SUPPLEMENTARY INFORMATION: NMFS Pacific cod for vessels using pot gear in
species bycatch allowances for the manages the groundfish fishery in the the Central Regulatory Area of the GOA.
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![Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Rules and Regulations 11853
NMFS was unable to publish a notice 553(d)(3). This finding is based upon Authority: 16 U.S.C. 1801 et seq.
providing time for public comment the reasons provided above for waiver of Dated: February 22, 2017.
because the most recent, relevant data prior notice and opportunity for public Karen H. Abrams,
only became available as of February 21, comment.
2017. Acting Deputy Director, Office of Sustainable
This action is required by § 679.20 Fisheries, National Marine Fisheries Service.
The AA also finds good cause to
waive the 30-day delay in the effective and is exempt from review under [FR Doc. 2017–03784 Filed 2–22–17; 4:15 pm]
date of this action under 5 U.S.C. Executive Order 12866. BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
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Document Created: 2017-02-25 01:05:47
Document Modified: 2017-02-25 01:05:47
| 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; closure. | |
| Dates | Effective 1200 hours, Alaska local time (A.l.t.), February 23, 2017, through 1200 hours, A.l.t., June 10, 2017. | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 82 FR 11852 | |
| RIN Number | 0648-XF24 |
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