Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 74313-74314 [2016-25902]
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Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
Lhorne on DSK30JT082PROD with RULES
ACLs for the two subpopulations of
northern anchovy might require
improved monitoring of the two stocks
in the ocean area where the populations
can overlap.
Response: CDFW is an important comanager in the management of CPS and
NMFS appreciates its input. Based on
current fishery operations and landings,
NMFS does not expect that changes in
monitoring practices will be necessary
as a result of this action because the
ACLs being implemented are the same
as the ABC levels that have been in
place in the FMP since 1999. However,
NMFS recognizes that these fisheries are
dynamic and aspects of the fishery, such
as ports of landing, could change,
requiring additional work from CDFW.
If this were to occur, NMFS would work
closely with CDFW to help ensure the
burden was minimized and work to find
efficiencies in current monitoring
procedures to lessen any additional
costs. With regards to how catch is
currently tracked and reported for the
two subpopulations of northern
anchovy, similarly this action does not
require a change in current practices for
differentiating landings between these
two subpopulations at this time.
However, as the comment points out,
we are seeing oceanographic changes
that could re-distribute the current core
harvesting and landings areas (Los
Angeles, CA, Monterey CA, and off near
the mouth of the Columbia River in
Oregon and Washington). If this were to
occur, along with an increase in
landings of both these subpopulations,
status quo procedures would likely need
to change in a manner described in the
comment. If this need arises, NMFS will
work closely with the CDFW to ensure
this is done in an efficient manner.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
determined that this final rule is
consistent with the CPS FMP, other
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act, and other applicable law.
These final specifications are exempt
from review under Executive Order
12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
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15:02 Oct 25, 2016
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No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
On December 29, 2015, the National
Marine Fisheries Service (NMFS) issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts for all businesses
primarily engaged in the commercial
fishing industry (NAICS 11411) for
Regulatory Flexibility Act (RFA)
compliance purposes only (80 FR
81194, December 29, 2015). The $11
million standard became effective on
July 1, 2016, and is to be used in place
of the U.S. Small Business
Administration’s (SBA) current
standards of $20.5 million, $5.5 million,
and $7.5 million for the finfish (NAICS
114111), shellfish (NAICS 114112), and
other marine fishing (NAICS 114119)
sectors of the U.S. commercial fishing
industry in all NMFS rules subject to
the RFA after July 1, 2016. Id. at 81194.
Pursuant to the Regulatory Flexibility
Act, and prior to July 1, 2016, a
certification was developed for this
regulatory action using SBA’s size
standards. NMFS has reviewed the
analyses prepared for this regulatory
action in light of the new size standard.
All of the entities directly regulated by
this regulatory action are marine
commercial fishing businesses and were
considered small under the SBA’s size
standards, and thus they all would
continue to be considered small under
the new standard. Thus, NMFS has
determined that the new size standard
does not affect analyses prepared for
this regulatory action.
This action does not contain a
collection of information requirement
for purposes of the Paperwork
Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 11, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–24989 Filed 10–25–16; 8:45 am]
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74313
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE990
Fisheries of the Economic Exclusive
Zone Off Alaska; Groundfish 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 groundfish by vessels using
trawl gear in the Gulf of Alaska (GOA),
except for directed fishing for pollock
by vessels using pelagic trawl gear in
those portions of the GOA open to
directed fishing for pollock. This
closure also does not apply to fishing by
vessels participating in the cooperative
fishery in the Rockfish Program for the
Central GOA. This action is necessary to
prevent exceeding the 2016 Pacific
halibut prohibited species catch limit
specified for vessels using trawl gear in
the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), October 22, 2016, through
2400 hrs, A.l.t., December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 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 2016 Pacific halibut prohibited
species catch (PSC) limit for vessels
using trawl gear was established as
1,515 metric tons by the final 2016 and
2017 harvest specifications for
groundfish of the GOA (81 FR 14740,
March 18, 2016).
In accordance with § 679.21(d)(6)(i),
the Regional Administrator has
determined that the 2016 Pacific halibut
PSC limit allocated to vessels using
trawl gear in the GOA has been reached.
Therefore, NMFS is prohibiting directed
fishing for groundfish by vessels using
trawl gear in the GOA, except for
SUMMARY:
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Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
directed fishing for pollock by vessels
using pelagic trawl gear in those
portions of the GOA that remain open
to directed fishing for pollock. This
closure also does not apply to fishing by
vessels participating in the cooperative
fishery in the Rockfish Program for the
Central GOA.
Classification
Lhorne on DSK30JT082PROD with RULES
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
VerDate Sep<11>2014
15:02 Oct 25, 2016
Jkt 241001
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such a 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 closing directed fishing for
groundfish 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 October 20, 2016.
The AA also finds good cause to
waive the 30-day delay in the effective
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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: October 21, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–25902 Filed 10–21–16; 4:15 pm]
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Agencies
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Rules and Regulations]
[Pages 74313-74314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25902]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150818742-6210-02]
RIN 0648-XE990
Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish
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 groundfish by vessels
using trawl gear in the Gulf of Alaska (GOA), except for directed
fishing for pollock by vessels using pelagic trawl gear in those
portions of the GOA open to directed fishing for pollock. This closure
also does not apply to fishing by vessels participating in the
cooperative fishery in the Rockfish Program for the Central GOA. This
action is necessary to prevent exceeding the 2016 Pacific halibut
prohibited species catch limit specified for vessels using trawl gear
in the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 22,
2016, through 2400 hrs, A.l.t., December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2016 Pacific halibut prohibited species catch (PSC) limit for
vessels using trawl gear was established as 1,515 metric tons by the
final 2016 and 2017 harvest specifications for groundfish of the GOA
(81 FR 14740, March 18, 2016).
In accordance with Sec. 679.21(d)(6)(i), the Regional
Administrator has determined that the 2016 Pacific halibut PSC limit
allocated to vessels using trawl gear in the GOA has been reached.
Therefore, NMFS is prohibiting directed fishing for groundfish by
vessels using trawl gear in the GOA, except for
[[Page 74314]]
directed fishing for pollock by vessels using pelagic trawl gear in
those portions of the GOA that remain open to directed fishing for
pollock. This closure also does not apply to fishing by vessels
participating in the cooperative fishery in the Rockfish Program for
the Central GOA.
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 a 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 closing directed fishing for groundfish 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 October 20, 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: October 21, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-25902 Filed 10-21-16; 4:15 pm]
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