Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors in the Bering Sea and Aleutian Islands Management Area, 72009-72010 [2016-25319]
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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
ACTION:
Temporary rule; closure.
NMFS is closing the directed
fishery for Atlantic herring in Herring
Management Area 1A, based on a
projection that a prescribed trigger for
that area has been reached. Federally
permitted vessels may not fish for,
possess, transfer, receive, land, or sell
more than an incidental amount of
Atlantic herring in or from Area 1A
through December 31, 2016, and
federally permitted dealers may not
purchase more than this incidental
amount of herring from federally
permitted vessels for the duration of this
action. This action is necessary to
comply with the regulations
implementing the Atlantic Herring
Fishery Management Plan and is
intended to prevent over harvest in Area
1A.
DATES: Effective 00:01 hr local time,
October 18, 2016, through December 31,
2016.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, (978) 282–8456.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
herring fishery can be found at 50 CFR
part 648, including requirements for
setting annual catch allocations. NMFS
set the 2016 Area 1A sub-annual catch
limit (ACL) at 30,102 mt, based on an
initial 2016 sub-ACL allocation of
31,200 mt, minus a deduction of 936 mt
for research set-aside catch, plus an
increase of 133 mt to account for
unharvested 2014 catch. Additionally,
NMFS further reduced the Area 1A subACL of 30,102 mt by 295 mt to allow for
the fixed gear set-aside, that, if
unharvested, will be added back into
the Area 1A sub-ACL after November 1.
NMFS established these values in the
2013 through 2015 specifications (78 FR
61828, October 1, 2013) and a final rule
implementing sub-ACL adjustments for
2016 (81 FR 12420, March 9, 2015). For
Area 1A, NMFS restricts herring catch
to the seasonal period from June 1
through December 31. NMFS prohibits
vessels from catching herring during the
seasonal period from January 1 through
May 31.
The Administrator, Greater Atlantic
Region, NMFS (Regional Administrator),
monitors the herring fishery catch in
each of the management areas based on
vessel and dealer reports, state data, and
other available information. The
regulations at § 648.201 require that
when Regional Administrator projects
that herring catch will reach 92 percent
of the sub-ACL allocated in the Area 1A
seasonal management area designated in
the Atlantic Herring Fishery
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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13:39 Oct 18, 2016
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Management Plan (FMP), NMFS must
prohibit, through notification in the
Federal Register, herring vessel permit
holders from fishing for, possessing,
transferring, receiving, landing, or
selling more than 2,000 lb (907.2 kg) of
herring per trip or calendar day in or
from the specified management area for
the remainder of the fishing year.
The Regional Administrator has
determined, based on vessel and dealer
reports, state data, and other available
information, that the herring fleet will
have caught 92 percent of the herring
sub-ACL allocated to Area 1A by
October 18, 2016. Therefore, effective
00:01 hr local time, October 18, 2016,
federally permitted vessels may not fish
for, catch, possess, transfer, land, or sell
more than 2,000 lb (907.2 kg) of herring
per trip or calendar day, in or from Area
1A through December 31, 2016. With
one exception, vessels that have entered
port before 00:01 hr local time, October
18, 2016, may land and sell more than
2,000 lb (907.2 kg) of herring from Area
1A from that trip. The exception
provides that a vessel may transit
through Area 1A with more than 2,000
lb (907.2 kg) of herring on board,
provided all herring was caught outside
of Area 1A and all fishing gear is stowed
and not available for immediate use as
defined by § 648.2. In addition, all
herring vessels must land in accordance
with state landing restrictions.
Effective 00:01 hr local time, October
18, 2016, federally permitted dealers
may not receive herring from federally
permitted herring vessels that harvest
more than 2,000 lb (907.2 kg) of herring
from Area 1A through 2400 hr local
time, December 31, 2016, unless it is
from a trip landed by a vessel that
entered port before 00:01 hr local time,
October 18, 2016, and that catch is
landed in accordance with state
regulations.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
NMFS finds good cause pursuant to 5
U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment
because it would be contrary to the
public interest and impracticable. This
action restricts the catch of herring in
Area 1A for the remainder of the fishing
year. Data indicating the herring fleet
will have landed at least 92 percent of
the 2016 sub-ACL allocated to Area 1A
have only recently become available.
Once these data become available,
NMFS is required by Federal regulation
to implement a 2,000-lb (907.2-kg)
herring possession limit for Area 1A
through December 31, 2016. The
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72009
regulations at § 648.201(a)(1)(i) require
such action to ensure that herring
vessels do not exceed the 2016 sub-ACL
allocated to Area 1A. If implementation
of this closure is delayed to solicit prior
public comment, the sub-ACL for Area
1A for this fishing year will likely be
exceeded, thereby undermining the
conservation objectives of the FMP. If
sub-ACLs are exceeded, the excess must
also be deducted from a future sub-ACL
and would reduce future fishing
opportunities. NMFS further finds,
pursuant to 5 U.S.C. 553(d)(3), good
cause to waive the 30-day delayed
effectiveness period for the reasons
stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–25202 Filed 10–14–16; 11:15 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150916863–6211–02]
RIN 0648–XE879
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Pot
Catcher/Processors in the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher/
processors using pot gear in the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
prevent exceeding the 2016 Pacific cod
total allowable catch allocated to
catcher/processors using pot gear in the
BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), October 18, 2016,
through 2400 hours, A.l.t., December 31,
2016.
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
SUMMARY:
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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
(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 2016 Pacific cod total allowable
catch (TAC) allocated to catcher/
processors using pot gear in the BSAI is
4,357 metric tons (mt) as established by
the final 2016 and 2017 harvest
specifications for groundfish in the
BSAI (81 FR 14773, March 18, 2016)
and reallocation (81 FR 69445, October
6, 2016).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2016 Pacific cod
TAC allocated as a directed fishing
allowance to catcher/processors using
pot gear in the BSAI will soon be
reached. Consequently, NMFS is
VerDate Sep<11>2014
13:39 Oct 18, 2016
Jkt 241001
prohibiting directed fishing for Pacific
cod by pot catcher/processors in the
BSAI.
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 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 closure of directed fishing for
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Pacific cod by pot catcher/processors in
the BSAI. NMFS was unable to publish
a notice providing time for public
comment because the most recent,
relevant data only became available as
of October 13, 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 § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–25319 Filed 10–14–16; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 72009-72010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25319]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150916863-6211-02]
RIN 0648-XE879
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Pot Catcher/Processors in the Bering Sea and Aleutian Islands
Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher/processors using pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the 2016 Pacific cod total allowable catch allocated to
catcher/processors using pot gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 18,
2016, through 2400 hours, A.l.t., December 31, 2016.
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
[[Page 72010]]
(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 2016 Pacific cod total allowable catch (TAC) allocated to
catcher/processors using pot gear in the BSAI is 4,357 metric tons (mt)
as established by the final 2016 and 2017 harvest specifications for
groundfish in the BSAI (81 FR 14773, March 18, 2016) and reallocation
(81 FR 69445, October 6, 2016).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2016 Pacific cod TAC allocated as a directed fishing allowance to
catcher/processors using pot gear in the BSAI will soon be reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
pot catcher/processors in the BSAI.
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 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 closure of directed fishing for Pacific cod
by pot catcher/processors in the BSAI. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of October 13, 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. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-25319 Filed 10-14-16; 4:15 pm]
BILLING CODE 3510-22-P
