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)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12749-12750 | |
| FR Document | 2017-04446 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations 12749
Regardless of the duration of a fishing proposed these actions earlier, as it DEPARTMENT OF COMMERCE
trip, the daily retention limit applies needed to consider and respond
upon landing. For example, during the information about landings and National Oceanic and Atmospheric
remainder of the January 2017 subquota availability of fish and other conditions Administration
period, whether a vessel fishing under outside the agency’s control that then
the General category limit takes a two- require immediate action to be effective 50 CFR Part 679
day trip or makes two trips in one day, on the fishing grounds and thus [Docket No. 160920866–7167–02]
the day/trip limit of one fish applies and efficiently manage the fishery. Daily
may not be exceeded upon landing. This RIN 0648–XF268
landings rates increased substantially
General category retention limit is the week of February 20, 2017, pushing Fisheries of the Exclusive Economic
effective in all areas, except for the Gulf
total landings toward the available 41- Zone Off Alaska; Pacific Cod by
of Mexico, where NMFS prohibits
targeted fishing for BFT, and applies to mt quota. This information became Catcher/Processors Using Trawl Gear
those vessels permitted in the General available on February 24, 2017. NMFS in the Western Regulatory Area of the
category, as well as to those HMS could not effectively react to these Gulf of Alaska
Charter/Headboat permitted vessels landings data if, in implementing the
AGENCY: National Marine Fisheries
fishing commercially for BFT. retention limit, it allowed a public
Service (NMFS), National Oceanic and
comment period, which would preclude
Monitoring and Reporting Atmospheric Administration (NOAA),
fishermen from harvesting BFT that are
Commerce.
NMFS will continue to monitor the legally available consistent with all of
BFT fishery closely. Dealers are required ACTION: Temporary rule; modification of
the regulatory criteria.
to submit landing reports within 24 a closure.
Delays in adjusting the retention limit
hours of a dealer receiving BFT. SUMMARY: NMFS is opening directed
may result in the available quota being
General, HMS Charter/Headboat, fishing for Pacific cod by catcher/
Harpoon, and Angling category vessel exceeded and NMFS needing to close
the fishery earlier than otherwise would processors using trawl gear in the
owners are required to report the catch Western Regulatory Area of the Gulf of
of all BFT retained or discarded dead, be necessary under a lower limit. This
could adversely affect those General and Alaska (GOA). This action is necessary
within 24 hours of the landing(s) or end to fully use the A season allowance of
of each trip, by accessing HMS Charter/Headboat category vessels
that would otherwise have an the 2017 total allowable catch
hmspermits.noaa.gov or by using the apportioned to catcher/processors using
Android or iPhone app. Depending on opportunity to harvest BFT under
trawl gear in the Western Regulatory
the level of fishing effort and catch rates retention limits set in response to the
Area of the GOA.
of BFT, NMFS may determine that most recent data available. Limited
additional action (i.e., quota and/or DATES: Effective 1200 hours, Alaska
opportunities to harvest the respective
daily retention limit adjustment, or quotas may have negative social and local time (A.l.t.), March 4, 2017,
closure) is necessary to ensure available through 1200 hours, A.l.t., June 10,
economic impacts for U.S. fishermen
quota is not exceeded or to enhance 2017. Comments must be received at the
that depend upon catching the available
scientific data collection from, and following address no later than 4:30
quota within the time periods
fishing opportunities in, all geographic p.m., A.l.t., March 17, 2017.
designated in the 2006 Consolidated
areas. If needed, subsequent ADDRESSES: You may submit comments
HMS FMP, as amended. Adjustment of
adjustments will be published in the on this document, identified by NOAA–
the retention limit needs to be effective
Federal Register. In addition, fishermen NMFS–2016–0127, by any of the
as soon as possible to extend fishing
may call the Atlantic Tunas Information following methods:
opportunities for fishermen in • Electronic Submission: Submit all
Line at (978) 281–9260, or access
geographic areas with access to the electronic public comments via the
hmspermits.noaa.gov, for updates on
fishery only during this time period. Federal e-Rulemaking Portal. Go to
quota monitoring and inseason
Therefore, the AA finds good cause www.regulations.gov/
adjustments.
under 5 U.S.C. 553(b)(B) to waive prior #!docketDetail;D=NOAA-NMFS-2016-
Classification notice and the opportunity for public 0127, click the ‘‘Comment Now!’’ icon,
The Assistant Administrator for comment. For these reasons, there also complete the required fields, and enter
NMFS (AA) finds that it is impracticable is good cause under 5 U.S.C. 553(d) to or attach your comments.
and contrary to the public interest to waive the 30-day delay in effectiveness. • Mail: Submit written comments to
provide prior notice of, and an This action is being taken under Glenn Merrill, Assistant Regional
opportunity for public comment on, this §§ 635.23(a)(4) and 635.27(a)(9), and is Administrator, Sustainable Fisheries
action for the following reasons: exempt from review under Executive Division, Alaska Region NMFS, Attn:
The regulations implementing the Ellen Sebastian. Mail comments to P.O.
Order 12866.
2006 Consolidated HMS FMP and Box 21668, Juneau, AK 99802–1668.
amendments provide for inseason Authority: 16 U.S.C. 971 et seq. and 1801 Instructions: Comments sent by any
retention limit adjustments to respond et seq. other method, to any other address or
to the unpredictable nature of BFT Dated: March 2, 2017. individual, or received after the end of
availability on the fishing grounds, the Emily D. Menashes, the comment period, may not be
migratory nature of this species, and the considered by NMFS. All comments
jstallworth on DSK7TPTVN1PROD with RULES
Acting Director, Office of Sustainable
regional variations in the BFT fishery. received are a part of the public record
Fisheries, National Marine Fisheries Service.
Affording prior notice and opportunity and will generally be posted for public
[FR Doc. 2017–04439 Filed 3–2–17; 4:15 pm]
for public comment to implement the viewing on www.regulations.gov
quota transfer and daily retention limit BILLING CODE 3510–22–P without change. All personal identifying
for the remainder of the January 2017 information (e.g., name, address),
subquota period at this time is confidential business information, or
impracticable. NMFS could not have otherwise sensitive information
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![12750 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations
submitted voluntarily by the sender will opportunity for public comment SUMMARY: NMFS is reallocating the
be publicly accessible. NMFS will pursuant to the authority set forth at 5 projected unused amounts of the Aleut
accept anonymous comments (enter ‘‘N/ U.S.C. 553(b)(B) as such requirement is Corporation’s pollock and the
A’’ in the required fields if you wish to impracticable and contrary to the public Community Development Quota
remain anonymous). interest. This requirement is directed fishing allowance from the
FOR FURTHER INFORMATION CONTACT: impracticable and contrary to the public Aleutian Islands subarea to the Bering
Obren Davis, 907–586–7228. interest as it would prevent NMFS from Sea subarea directed fisheries. These
SUPPLEMENTARY INFORMATION: NMFS responding to the most recent fisheries actions are necessary to provide
manages the groundfish fishery in the data in a timely fashion and would opportunity for harvest of the 2017 total
GOA exclusive economic zone delay the opening of directed fishing for allowable catch of pollock, consistent
according to the Fishery Management Pacific cod by catcher/processors using with the goals and objectives of the
Plan for Groundfish of the Gulf of trawl gear in the Western Regulatory Fishery Management Plan for
Alaska (FMP) prepared by the North Area of the GOA. NMFS was unable to Groundfish of the Bering Sea and
Pacific Fishery Management Council publish a notice providing time for Aleutian Islands Management Area.
under authority of the Magnuson- public comment because the most DATES: Effective 1200 hrs, Alaska local
Stevens Fishery Conservation and recent, relevant data only became time (A.l.t.), March 7, 2017, until 2400
Management Act. Regulations governing available as of March 1, 2017. hrs, A.l.t., December 31, 2017.
fishing by U.S. vessels in accordance The AA also finds good cause to FOR FURTHER INFORMATION CONTACT:
with the FMP appear at subpart H of 50 waive the 30-day delay in the effective Steve Whitney, 907–586–7228.
CFR part 600 and 50 CFR part 679. date of this action under 5 U.S.C. SUPPLEMENTARY INFORMATION: NMFS
Regulations governing sideboard 553(d)(3). This finding is based upon manages the groundfish fishery in the
protections for GOA groundfish the reasons provided above for waiver of BSAI exclusive economic zone
fisheries appear at subpart B of 50 CFR prior notice and opportunity for public according to the Fishery Management
part 680. comment. Plan for Groundfish of the Bering Sea
NMFS closed directed fishing for Without this inseason adjustment, and Aleutian Islands Management Area
Pacific cod by catcher/processors using NMFS could not allow the fishery for (FMP) prepared by the North Pacific
trawl gear in the Western Regulatory Pacific cod by catcher/processors using Fishery Management Council (Council)
Area of the GOA under trawl gear in the Western Regulatory under authority of the Magnuson-
§ 679.20(d)(1)(iii) on January 1, 2017 Area of the GOA to be harvested in an Stevens Fishery Conservation and
pursuant to the final 2017 and 2018 expedient manner and in accordance Management Act. Regulations governing
harvest specifications for groundfish of with the regulatory schedule. Under fishing by U.S. vessels in accordance
the Gulf of Alaska (82 FR 12032, § 679.25(c)(2), interested persons are with the FMP appear at subpart H of 50
February 27, 2017). invited to submit written comments on CFR part 600 and 50 CFR part 679.
NMFS has determined that as of this action to the above address until In the Aleutian Islands subarea, the
March 1, 2017, approximately 200 March 17, 2017. portion of the 2017 pollock total
metric tons of Pacific cod remain in the This action is required by § 679.25 allowable catch (TAC) allocated to the
A season allowance of the 2017 Pacific and is exempt from review under Aleut Corporation’s is 14,700 metric
cod apportionment for catcher/ Executive Order 12866. tons (mt) and the Community
processors using trawl gear in the Authority: 16 U.S.C. 1801 et seq. Development Quota (CDQ) directed
Western Regulatory Area of the GOA. Dated: March 2, 2017. fishing allowance (DFA) is 1,900 mt as
Therefore, in accordance with Karen H. Abrams,
established by the final 2017 and 2018
§ 679.25(a)(1)(i), (a)(2)(i)(C), and harvest specifications for groundfish in
Acting Deputy Director, Office of Sustainable
(a)(2)(iii)(D), and to fully use the 2017 Fisheries, National Marine Fisheries Service.
the BSAI (82 FR 11826, February 27,
total allowable catch (TAC) of Pacific 2017).
[FR Doc. 2017–04446 Filed 3–2–17; 4:15 pm]
cod in the Western Regulatory Area of As of March 1, 2017, the
BILLING CODE 3510–22–P Administrator, Alaska Region, NMFS,
the GOA, NMFS is terminating the
previous closure and is opening (Regional Administrator) has
directed fishing for Pacific cod by determined that 9,000 mt of Aleut
DEPARTMENT OF COMMERCE
catcher/processors using trawl gear in Corporation’s DFA and 1,900 mt of
the Western Regulatory Area of the National Oceanic and Atmospheric pollock CDQ DFA in the Aleutian
GOA. The Administrator, Alaska Administration Islands subarea will not be harvested.
Region, NMFS, (Regional Administrator) Therefore, in accordance with
considered the following factors in 50 CFR Part 679 § 679.20(a)(5)(iii)(B)(4), NMFS
reaching this decision: (1) The current reallocates 9,000 mt of Aleut
catch of Pacific cod by catcher/ [Docket No. 161020985–7181–02] Corporation’s DFA and 1,900 mt of
processors using trawl gear in the pollock CDQ DFA from the Aleutian
Western Regulatory Area of the GOA RIN 0648–XF262 Islands subarea to the 2017 Bering Sea
and, (2) the harvest capacity and stated subarea allocations. The 1,900 mt of
intent on future harvesting patterns of Fisheries of the Exclusive Economic pollock CDQ DFA is added to the 2017
vessels in participating in this fishery. Zone Off Alaska; Reallocation of Bering Sea CDQ DFA. The remaining
Pollock in the Bering Sea and Aleutian 9,000 mt of pollock is apportioned to
jstallworth on DSK7TPTVN1PROD with RULES
Classification Islands the AFA Inshore sector (50 percent),
This action responds to the best AGENCY: National Marine Fisheries AFA catcher/processor sector (40
available information recently obtained Service (NMFS), National Oceanic and percent), and the AFA mothership
from the fishery. The Acting Assistant Atmospheric Administration (NOAA), sector (10 percent). The 2017 pollock
Administrator for Fisheries, NOAA Commerce. incidental catch allowance remains at
(AA), finds good cause to waive the 47,210 mt. As a result, the harvest
ACTION: Temporary rule.
requirement to provide prior notice and specifications for pollock in the
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Document Created: 2018-02-01 14:48:49
Document Modified: 2018-02-01 14:48:49
| 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; modification of a closure. | |
| 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 | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 82 FR 12749 | |
| RIN Number | 0648-XF26 |
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