Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 14988 [2016-06295]
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Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations
is insufficient time to allow for prior
public notice and comment for the
transfer of quota for these yellowtail
flounder stocks from the scallop fishery
to the groundfish fishery. The NE
multispecies fishing year ends on April
30, 2016. If NMFS allowed for the time
necessary to provide for prior notice and
comment, it would be unlikely that the
transfer would occur in time to allow
groundfish vessels to harvest the
additional quota of these stocks before
the end of the fishing year. As a result,
groundfish fishermen would be
prevented from offsetting their current
negative economic circumstances due to
the severe decreases in ACLs of several
important groundfish stocks, thus
undermining the intent of the rule.
Giving effect to this rule as soon as
possible will help relieve fishermen
from more restrictive ACLs for the
yellowtail stocks and help achieve
optimum yield in the fishery. For these
same reasons, the NMFS Assistant
Administrator also finds good cause
pursuant to 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness for this
action for these same reasons. Further,
there is no need to allow the industry
additional time to adjust to this rule
because it does not require any
compliance or other action on the part
of individual scallop or groundfish
fishermen.
Because notice and opportunity for
comment are not required pursuant to 5
U.S.C. 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and one has not been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 15, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–06306 Filed 3–18–16; 8:45 am]
Lhorne on DSK5TPTVN1PROD with RULES
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 140918791–4999–02]
RIN 0648–XE516
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the first seasonal apportionment of the
Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 16, 2016,
through 1200 hours, A.l.t., April 1,
2016.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
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 MagnusonStevens 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 first seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA is 85 metric tons as
established by the final 2015 and 2016
harvest specifications for groundfish of
the GOA (80 FR 10250, February 25,
2015), for the period 1200 hours, A.l.t.,
January 20, 2016, through 1200 hours,
A.l.t., April 1, 2016.
In accordance with § 679.21(d)(6)(i),
the Administrator, Alaska Region,
NMFS, has determined that the first
seasonal apportionment of the Pacific
halibut bycatch allowance specified for
the trawl deep-water species fishery in
the GOA has been reached.
Consequently, NMFS is prohibiting
directed fishing for the deep-water
SUPPLEMENTARY INFORMATION:
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species fishery by vessels using trawl
gear in the GOA. The species and
species groups that comprise the deepwater species fishery include sablefish,
rockfish, deep-water flatfish, rex sole,
and arrowtooth flounder.
After the effective date of this closure
the maximum retainable amounts at
§ 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 closure of the deep-water
species fishery by vessels using trawl
gear in 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 14, 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 § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 16, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–06295 Filed 3–16–16; 4:15 pm]
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[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Rules and Regulations]
[Page 14988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06295]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 140918791-4999-02]
RIN 0648-XE516
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water
Species Fishery by Vessels Using Trawl Gear in 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 species that comprise
the deep-water species fishery by vessels using trawl gear in the Gulf
of Alaska (GOA). This action is necessary because the first seasonal
apportionment of the Pacific halibut bycatch allowance specified for
the deep-water species fishery in the GOA has been reached.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 16,
2016, through 1200 hours, A.l.t., April 1, 2016.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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.
The first seasonal apportionment of the Pacific halibut bycatch
allowance specified for the deep-water species fishery in the GOA is 85
metric tons as established by the final 2015 and 2016 harvest
specifications for groundfish of the GOA (80 FR 10250, February 25,
2015), for the period 1200 hours, A.l.t., January 20, 2016, through
1200 hours, A.l.t., April 1, 2016.
In accordance with Sec. 679.21(d)(6)(i), the Administrator, Alaska
Region, NMFS, has determined that the first seasonal apportionment of
the Pacific halibut bycatch allowance specified for the trawl deep-
water species fishery in the GOA has been reached. Consequently, NMFS
is prohibiting directed fishing for the deep-water species fishery by
vessels using trawl gear in the GOA. The species and species groups
that comprise the deep-water species fishery include sablefish,
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder.
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 closure of the deep-water species fishery by vessels
using trawl gear in 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 14, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 16, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2016-06295 Filed 3-16-16; 4:15 pm]
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