Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 26745-26746 [2016-10444]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations ft (14.0 m) LOA using hook-and-line gear when groundfish CDQ fishing and to the CDQ groups authorizing the operators of these vessels to harvest groundfish CDQ or halibut CDQ. (B) Halibut CDQ or halibut IFQ. If any halibut CDQ or halibut IFQ are retained during a fishing trip on board a vessel described in paragraph (c)(3)(iii)(A) of this section, the following requirements apply: (1) The vessel operator must retain all legal-size halibut caught during that entire fishing trip. (2) The vessel operator must have sufficient halibut IFQ or halibut CDQ available to account for the catch of all legal-size halibut caught during the entire fishing trip. (3) If the vessel operator is relying on halibut CDQ from a CDQ group to support the retained catch of legal-size halibut during a fishing trip, the CDQ group must provide adequate halibut CDQ to this vessel operator to account for all of the legal-size halibut caught by the vessel during the entire fishing trip. (C) Halibut PSC. If halibut CDQ or halibut IFQ are not retained during a fishing trip on board a vessel described in paragraph (c)(3)(iii)(A) of this section, the following requirements apply: (1) The vessel operator must discard all halibut caught during the fishing trip. (2) Small catcher vessel halibut PSC limit. The CDQ group representative may transfer halibut from a CDQ group’s halibut PSQ to its small catcher vessel halibut PSC limit. To do so, the CDQ representative must submit a transfer request using the procedures described in § 679.5(n). In reviewing a request to transfer halibut PSQ to a CDQ group’s small catcher vessel halibut PSC limit, NMFS will consider whether the amount of halibut to be transferred to the small catcher vessel halibut PSC limit is sufficient to support groundfish CDQ fishing by the catcher vessels that the CDQ group plans to authorize to conduct groundfish CDQ fishing. The transfer is not effective until approved by NMFS. The CDQ group representative also may transfer halibut from a CDQ group’s small catcher vessel halibut PSC limit back to its halibut PSQ by submitting a transfer request using the procedures described in § 679.5(n). In reviewing a request to transfer halibut from the small catcher vessel halibut PSC limit back to the CDQ group’s halibut PSQ, NMFS will consider the status of CDQ fisheries through the end of the year and anticipated halibut PSC rates for any remaining groundfish CDQ fishing by vessels managed under the small VerDate Sep<11>2014 17:12 May 03, 2016 Jkt 238001 catcher vessel halibut PSC limit for the requesting CDQ group. (3) Fishery closures. Directed fishing for groundfish CDQ, except sablefish CDQ managed under paragraph (c)(1) of this section, by catcher vessels less than or equal to 46 ft LOA using hook-andline gear is prohibited unless the Regional Administrator publishes notification in the Federal Register authorizing such directed fishing. In deciding whether to authorize directed fishing, NMFS will consider whether a CDQ group has sufficient halibut in its small catcher vessel halibut PSC limit to support directed fishing for groundfish CDQ by these catcher vessels. Upon determining that a CDQ group’s small catcher vessel halibut PSC limit has been or will be reached, the Regional Administrator will publish notification in the Federal Register prohibiting directed fishing for all groundfish CDQ species, except sablefish CDQ, by catcher vessels less than or equal to 46 ft LOA using hook-and-line gear fishing for that CDQ group. If the estimated halibut PSC by vessels described in paragraph (c)(3)(iii)(A) of this section exceeds the balance of the small catcher vessel halibut PSC limit on December 31 of any year, and if the CDQ group has remaining halibut PSQ on that date, NMFS will transfer an amount of halibut PSQ into the CDQ group’s small catcher vessel halibut PSC limit to bring the balance of the small catcher vessel halibut PSC limit to zero. NMFS will make the determination about whether such an administrative transfer is necessary after data from the fishing year is finalized. * * * * * ■ 6. In § 679.51: ■ a. Remove the introductory text; ■ b. In paragraphs (a)(1)(i)(A) and (B) remove ‘‘or’’ and in paragraph (a)(1)(i)(C) remove the period and add in its place ‘‘; or’’; ■ c. Add paragraph (a)(1)(i)(D); ■ d. Revise paragraph (a)(2)(i)(C)(2); and ■ e. Remove paragraph (f). The addition and revision read as follows: § 679.51 Observer requirements for vessels and plants. (a) * * * (1) * * * (i) * * * (D) A catcher vessel less than or equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing under § 679.32(c)(3)(iii). * * * * * (2) * * * (i) * * * (C) * * * PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 26745 (2) Using trawl gear or hook-and-line gear when groundfish CDQ fishing (see § 679.2), except for catcher vessels less than or equal to 46 ft LOA using hookand-line gear when groundfish CDQ fishing under § 679.32(c)(3)(iii); or * * * * * [FR Doc. 2016–10356 Filed 5–3–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150818742–6210–02] RIN 0648–XE604 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 second 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.), April 30, 2016, through 1200 hours, A.l.t., May 15, 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 second seasonal apportionment of the Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA is 256 metric tons as established by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016), for the period 1200 hours, A.l.t., April SUPPLEMENTARY INFORMATION: E:\FR\FM\04MYR1.SGM 04MYR1 26746 Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES 1, 2016, through 1200 hours, A.l.t., July 1, 2016. In accordance with § 679.21(d)(6)(i), the Administrator, Alaska Region, NMFS, has determined that the second 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 deepwater species fishery include sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder. This closure does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Program for the Central GOA. After the effective date of this closure the maximum retainable amounts at VerDate Sep<11>2014 17:12 May 03, 2016 Jkt 238001 § 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 PO 00000 Frm 00080 Fmt 4700 Sfmt 9990 public comment because the most recent, relevant data only became available as of April 28, 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: April 29, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–10444 Filed 4–29–16; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\04MYR1.SGM 04MYR1

Agencies

[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Rules and Regulations]
[Pages 26745-26746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10444]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE604


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.

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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 second 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.), April 30, 
2016, through 1200 hours, A.l.t., May 15, 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 second seasonal apportionment of the Pacific halibut bycatch 
allowance specified for the deep-water species fishery in the GOA is 
256 metric tons as established by the final 2016 and 2017 harvest 
specifications for groundfish of the GOA (81 FR 14740, March 18, 2016), 
for the period 1200 hours, A.l.t., April

[[Page 26746]]

1, 2016, through 1200 hours, A.l.t., July 1, 2016.
    In accordance with Sec.  679.21(d)(6)(i), the Administrator, Alaska 
Region, NMFS, has determined that the second 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. This 
closure does not apply to fishing by vessels participating in the 
cooperative fishery in the Rockfish Program for the Central 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 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 April 28, 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: April 29, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-10444 Filed 4-29-16; 4:15 pm]
 BILLING CODE 3510-22-P