Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery and Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 33151-33152 [2016-12354]

Download as PDF Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes blueline tilefish and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The South Atlantic Fishery Management Council and NMFS prepared the FMP, and the FMP is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. In Amendment 32 to the FMP (Amendment 32), NMFS implemented management measures to end overfishing of blueline tilefish. The final rule for Amendment 32 was effective on March 30, 2015 (80 FR 16583, March 30, 2015). NMFS is required to close the commercial sector for blueline tilefish when the commercial ACL is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register, as specified in 50 CFR 622.193(z)(1)(i). For 2016, the commercial ACL for blueline tilefish is 26,766 lb (12,141 kg), round weight. NMFS has projected that the commercial ACL for South Atlantic blueline tilefish will be reached by June 1, 2016. Accordingly, the commercial sector for South Atlantic blueline tilefish is closed effective at 12:01 a.m., local time, June 1, 2016, until 12:01 a.m., local time, January 1, 2017. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having blueline tilefish on board must have landed and bartered, traded, or sold such blueline tilefish prior to June 1, 2016. During the closure, all sale or purchase of blueline tilefish is prohibited and harvest or possession of blueline tilefish in or from the South Atlantic EEZ is limited to the bag and possession limits specified in 50 CFR 622.187(b)(2)(iv) and 622.187(c)(1), respectively. These bag and possession limits apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snappergrouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(z)(1)(i) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds that the need to immediately implement this action to close the commercial sector for blueline tilefish constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such prior notice and opportunity for public comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations at 50 CFR 622.193(z)(1)(i) and (iii) have already been subject to notice and comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment are contrary to the public interest because there is a need to immediately implement this action to protect blueline tilefish, since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial ACL. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–12351 Filed 5–24–16; 8:45 am] BILLING CODE 3510–22–P Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of blueline tilefish and the South Atlantic snapper-grouper fishery and is VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 33151 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150818742–6210–02] RIN 0648–XE644 Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery and Shallow-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 and the shallow-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 each of these trawl fishery categories in the GOA has been reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 20, 2016, through 1200 hours, A.l.t., July 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 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 apportionments of the Pacific halibut bycatch allowance specified for the deep-water species and the shallow-water species fisheries in the GOA are 256 metric tons (mt) and 85 mt, respectively. These apportionments were 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 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 combined Pacific halibut bycatch allowance specified for the trawl deepwater species and shallow-water species SUMMARY: E:\FR\FM\25MYR1.SGM 25MYR1 33152 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES fishery categories in the GOA has been reached. Consequently, NMFS is prohibiting directed fishing for the deep-water species and the shallowwater species fisheries 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. The species and species groups that comprise the shallow-water species fishery are pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, skates, squids, sharks, octopuses, and sculpins. 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 14:51 May 24, 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 and the shallow-water species fishery by vessels using trawl gear in the GOA. NMFS was unable to PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 publish a notice providing time for public comment because the most recent, relevant data only became available as of May 19, 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: May 20, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–12354 Filed 5–20–16; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\25MYR1.SGM 25MYR1

Agencies

[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33151-33152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12354]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE644


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery and Shallow-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 and the shallow-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 each of these trawl fishery 
categories in the GOA has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 20, 2016, 
through 1200 hours, A.l.t., July 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 second seasonal apportionments of the Pacific halibut bycatch 
allowance specified for the deep-water species and the shallow-water 
species fisheries in the GOA are 256 metric tons (mt) and 85 mt, 
respectively. These apportionments were 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 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 combined Pacific halibut bycatch allowance specified for the trawl 
deep-water species and shallow-water species

[[Page 33152]]

fishery categories in the GOA has been reached. Consequently, NMFS is 
prohibiting directed fishing for the deep-water species and the 
shallow-water species fisheries 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. The species and species groups that comprise the 
shallow-water species fishery are pollock, Pacific cod, shallow-water 
flatfish, flathead sole, Atka mackerel, skates, squids, sharks, 
octopuses, and sculpins. 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 and the 
shallow-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 May 
19, 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: May 20, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12354 Filed 5-20-16; 4:15 pm]
BILLING CODE 3510-22-P