82 FR 12749 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 43 (March 7, 2017)

NMFS is opening directed fishing for Pacific cod by catcher/ processors using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2017 total allowable catch apportioned to catcher/ processors using trawl gear in the Western Regulatory Area of the GOA.

[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Rules and Regulations]
[Pages 12749-12750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04446]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-7167-02]
RIN 0648-XF268


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processors Using Trawl Gear in the Western Regulatory Area 
of the Gulf of Alaska

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 trawl gear in the Western Regulatory Area of the Gulf 
of Alaska (GOA). This action is necessary to fully use the A season 
allowance of the 2017 total allowable catch apportioned to catcher/
processors using trawl gear in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 4, 2017, 
through 1200 hours, A.l.t., June 10, 2017. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., March 17, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0127, 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-2016-0127, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     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

[[Page 12750]]

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).

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.
    NMFS closed directed fishing for Pacific cod by catcher/processors 
using trawl gear in the Western Regulatory Area of the GOA under Sec.  
679.20(d)(1)(iii) on January 1, 2017 pursuant to the final 2017 and 
2018 harvest specifications for groundfish of the Gulf of Alaska (82 FR 
12032, February 27, 2017).
    NMFS has determined that as of March 1, 2017, approximately 200 
metric tons of Pacific cod remain in the A season allowance of the 2017 
Pacific cod apportionment for catcher/processors using trawl gear in 
the Western Regulatory Area of the GOA. Therefore, in accordance with 
Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 
use the 2017 total allowable catch (TAC) of Pacific cod in the Western 
Regulatory Area of the GOA, NMFS is terminating the previous closure 
and is opening directed fishing for Pacific cod by catcher/processors 
using trawl gear in the Western Regulatory Area of the GOA. 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 trawl gear in the Western 
Regulatory Area of the GOA 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 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 opening of directed fishing for Pacific cod 
by catcher/processors using trawl gear in the Western Regulatory Area 
of the GOA. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of March 1, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher/processors using trawl gear in the Western 
Regulatory Area of the GOA 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 March 17, 2017.
    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: March 2, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-04446 Filed 3-2-17; 4:15 pm]
 BILLING CODE 3510-22-P