Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area, 21756-21757 [2016-08487]

Download as PDF jstallworth on DSK7TPTVN1PROD with RULES 21756 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of VerDate Sep<11>2014 14:03 Apr 12, 2016 Jkt 238001 Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: April 7, 2016. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.599, revise the entry for ‘‘Hop, dried cones’’ in the table in paragraph (a) to read as follows: ■ § 180.599 Acequinocyl; tolerances for residues. (a) * * * Commodity Parts per million * * * * Hop, dried cones ........................ 15 * * * * * * * * * * * [FR Doc. 2016–08512 Filed 4–12–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863–6211–02] RIN 0648–XE563 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: NMFS is opening directed fishing for Pacific cod by catcher vessels SUMMARY: PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the B season apportionment of the 2016 total allowable catch (TAC) of Pacific cod allocated to trawl catcher vessels in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 11, 2016, through 2400 hrs, A.l.t., June 10, 2016. Comments must be received at the following address no later than 4:30 p.m., A.l.t., April 28, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2015–0118, 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-2015-0118, 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 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: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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. NMFS closed directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI under E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES § 679.20(d)(1)(iii) on April 4, 2016 (81 FR 19931, April 6, 2016). NMFS has determined that as of April 7, 2016, approximately 1,500 metric tons of Pacific cod remain in the B season apportionment of the 2016 TAC of Pacific cod allocated to trawl catcher vessels in the BSAI. However, NMFS closed directed fishing for Pacific cod in the Aleutian Island subarea of the BSAI under § 679.20(d)(1)(iii) on March 22, 2016 (81 FR 16096, March 25, 2016). Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the B season apportionment of the 2016 TAC of Pacific cod allocated to trawl catcher vessels in the BSAI, NMFS is terminating the directed fishing closure for Pacific cod by catcher vessels using trawl gear in the BSAI and is opening directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea subarea of the BSAI. This action does not open directed fishing for Pacific cod by catcher vessels using trawl gear in the Aleutian Island subarea of the BSAI. The Administrator, Alaska Region, NMFS, (Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of Pacific cod by catcher vessels VerDate Sep<11>2014 14:03 Apr 12, 2016 Jkt 238001 using trawl gear in the BSAI 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 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 vessels using trawl gear in the Bering Sea subarea of the BSAI. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet and processors. NMFS was unable to publish a notice providing time for PO 00000 Frm 00059 Fmt 4700 Sfmt 9990 21757 public comment because the most recent, relevant data only became available as of April 7, 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. Without this inseason adjustment, NMFS could not allow the fishery for Pacific cod by catcher vessels using trawl gear in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until April 28, 2016. This action is required by § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 8, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–08487 Filed 4–8–16; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\13APR1.SGM 13APR1

Agencies

[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21756-21757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE563


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea Subarea 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea subarea of the Bering Sea 
and Aleutian Islands Management Area (BSAI). This action is necessary 
to fully use the B season apportionment of the 2016 total allowable 
catch (TAC) of Pacific cod allocated to trawl catcher vessels in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 11, 2016, 
through 2400 hrs, A.l.t., June 10, 2016. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., April 28, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0118, 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-2015-0118, 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 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: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
using trawl gear in the BSAI under

[[Page 21757]]

Sec.  679.20(d)(1)(iii) on April 4, 2016 (81 FR 19931, April 6, 2016).
    NMFS has determined that as of April 7, 2016, approximately 1,500 
metric tons of Pacific cod remain in the B season apportionment of the 
2016 TAC of Pacific cod allocated to trawl catcher vessels in the BSAI. 
However, NMFS closed directed fishing for Pacific cod in the Aleutian 
Island subarea of the BSAI under Sec.  679.20(d)(1)(iii) on March 22, 
2016 (81 FR 16096, March 25, 2016). Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 
B season apportionment of the 2016 TAC of Pacific cod allocated to 
trawl catcher vessels in the BSAI, NMFS is terminating the directed 
fishing closure for Pacific cod by catcher vessels using trawl gear in 
the BSAI and is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea subarea of the BSAI. This 
action does not open directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Aleutian Island subarea of the BSAI. 
The Administrator, Alaska Region, NMFS, (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current catch of Pacific cod by catcher vessels using trawl gear in the 
BSAI 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 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 
vessels using trawl gear in the Bering Sea subarea of the BSAI. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet and processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of April 7, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels using trawl gear in the BSAI 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 April 
28, 2016.
    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: April 8, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-08487 Filed 4-8-16; 4:15 pm]
 BILLING CODE 3510-22-P