Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 74313-74314 [2016-25902]

Download as PDF 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. VerDate Sep<11>2014 15:02 Oct 25, 2016 Jkt 241001 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] BILLING CODE 3510–22–P PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 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: E:\FR\FM\26OCR1.SGM 26OCR1 74314 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 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] BILLING CODE 3510–22–P E:\FR\FM\26OCR1.SGM 26OCR1

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]


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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.

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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]
 BILLING CODE 3510-22-P