Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 80006-80007 [2016-27419]
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Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004518–3398–01]
RIN 0648–XF005
Reef Fish Fishery of the Gulf of
Mexico; 2017 Recreational
Accountability Measures and Closure
for Gulf of Mexico Gray Triggerfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
gray triggerfish recreational sector in the
exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) for the 2017
fishing year through this temporary rule.
NMFS has determined that the 2016
recreational annual catch limit (ACL) for
Gulf gray triggerfish was exceeded;
therefore, NMFS reduces the gray
triggerfish recreational ACL and annual
catch target (ACT) in 2017. As a result
of the recreational ACL and ACT
overages in 2016, the gray triggerfish
2017 recreational season in the Gulf EEZ
will not open on January 1, 2017, and
will remain closed for the entire 2017
fishing year. This closure is necessary to
protect the Gulf gray triggerfish
resource.
SUMMARY:
This rule is effective from 12:01
a.m., local time, January 1, 2017, until
12:01 a.m., local time, January 1, 2018.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Gulf reef fish fishery,
including gray triggerfish, under the
Fishery Management Plan for the Reef
Fish Resources of the Gulf (FMP). The
Gulf of Mexico Fishery Management
Council (Council) prepared the FMP
and NMFS implements the FMP under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All gray
triggerfish weights discussed in this
temporary rule are in round weight.
The recreational ACL for Gulf gray
triggerfish specified in 50 CFR
622.41(b)(2)(iii) is 241,200 lb (109,406
kg) and the recreational ACT is 217,100
lb (98,475 kg). However, in 2015, gray
triggerfish landings exceeded the 2015
mstockstill on DSK3G9T082PROD with RULES
DATES:
VerDate Sep<11>2014
16:28 Nov 11, 2016
Jkt 241001
ACL by 39,977 lbs. Therefore, the 2016
ACL and ACT were adjusted to 201,223
lb (91,273 kg) and 177,123 lb (80,342
kg), respectively. In 2016, the
recreational fishing season did not reopen after the annual spawning season
closure from June 1 through July 31, and
the recreational harvest of gray
triggerfish exceeded the 2016
recreational ACL by 221,213 lb (100,341
kg). Therefore, consistent with the AM
requirements specified in 50 CFR
622.41(b)(2)(ii), NMFS reduces the
recreational ACL and ACT for gray
triggerfish in 2017 by the amount of the
recreational ACL overage to 19,987 lb
(9,066 kg) and 0 lb (0 kg), respectively.
Under 50 CFR 622.41(b)(2)(i), NMFS
is required to close the recreational
sector for gray triggerfish when the
recreational ACT is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the recreational ACT
for the 2017 fishing year is 0 lb (0 kg).
Therefore, NMFS closes the recreational
harvest of gray triggerfish for the 2017
fishing year.
During the recreational closure, the
bag and possession limits for gray
triggerfish in or from the Gulf EEZ are
zero. The prohibition on possession in
the Gulf on board a vessel for which a
valid Federal charter vessel/headboat
permit for Gulf reef fish has been issued
applies regardless of whether gray
triggerfish were harvested in state or
Federal waters.
The recreational sector for gray
triggerfish in the Gulf EEZ will reopen
on January 1, 2018, the beginning of the
2018 recreational fishing year, unless
changed by subsequent notification in
the Federal Register.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf gray triggerfish and
is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.41(b)(2)(i) and (ii) 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 recreational sector for gray
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Fmt 4700
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triggerfish constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
comment on this temporary rule
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule establishing the closure provisions
was subject to notice and comment, and
all that remains is to notify the public
of the closure. Such procedures are
contrary to the public interest because
the public requires as much advanced
notice as possible of season closures to
allow time to adequately plan for
recreational fishing trips during the
2017 fishing year.
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.
Dated: November 9, 2016.
Tracey Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–27415 Filed 11–9–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150916863–6211–02]
RIN 0648–XF032
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from catcher vessels using trawl gear
and catcher vessels greater than or equal
to 60 feet (18.3 meters (m)) length
overall (LOA) using pot gear to catcher
processors (C/Ps) using hook-and-line
gear and C/Ps using pot gear in the
Bering Sea and Aleutian Islands (BSAI)
management area. This action is
necessary to allow the 2016 total
allowable catch of Pacific cod to be
harvested.
DATES: Effective November 9, 2016,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2016.
SUMMARY:
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Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(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 TAC specified
for catcher vessels using trawl gear in
the BSAI is 46,638 metric tons (mt) as
established by the final 2016 and 2017
harvest specifications for groundfish of
the BSAI (81 FR 14773, March 18, 2016)
and reallocations (81 FR 69445, October
6, 2016, 81 FR 76530, November 3,
2016). The Regional Administrator has
determined that catcher vessels using
trawl gear will not be able to harvest
1,500 mt of the remaining 2016 Pacific
cod TAC allocated to those vessels
under § 679.20(a)(7)(ii)(A)(9).
The 2016 Pacific cod TAC specified
for catcher vessels greater than or equal
to 60 feet (18.3 m) LOA using pot gear
in the BSAI is 17,598 mt as established
by the final 2016 and 2017 harvest
specifications for groundfish of the
BSAI (81 FR 14773, March 18, 2016)
and reallocation (81 FR 69445, October
6, 2016). The Regional Administrator
has determined that catcher vessels
greater than or equal to 60 feet (18.3 m)
mstockstill on DSK3G9T082PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:28 Nov 11, 2016
Jkt 241001
LOA using pot gear will not be able to
harvest 3,000 mt of the remaining 2016
Pacific cod TAC allocated to those
vessels under § 679.20(a)(7)(ii)(A)(5).
Therefore, in accordance with
§ 679.20(a)(7)(iii), taking into account
the capabilities of the sectors to harvest
reallocated amounts of Pacific cod, and
following the hierarchies set forth in
§ 679.20(a)(7)(iii)(A) and
§ 679.20(a)(7)(iii)(B), NMFS reallocates
4,500 mt of Pacific cod to C/Ps using
hook-and-line gear and C/Ps using pot
gear in the Bering Sea and Aleutian
Islands management area.
The harvest specifications for Pacific
cod included in the final 2016 and 2017
harvest specifications for groundfish of
the BSAI (81 FR 14773, March 18, 2016,
81 FR 57491, August 23, 2016, 81 FR
61143, September 6, 2016, 81 FR 69445,
October 6, 2016, 81 FR 76530,
November 3, 2016) are revised as
follows: 45,138 mt for catcher vessels
using trawl gear, 14,598 for catcher
vessels greater than or equal to 60 feet
(18.3 m) LOA using pot gear, 111,783 for
C/Ps using hook-and-line gear, and
6,607 mt for C/Ps using pot gear.
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
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80007
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 reallocation of Pacific cod
specified from multiple sectors to C/Ps
using hook-and-line gear and C/Ps using
pot gear in the Bering Sea and Aleutian
Islands management area. Since these
fisheries are currently open, it is
important to immediately inform the
industry as to the revised allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery, to
allow the industry to plan for the fishing
season, and to avoid potential
disruption to the fishing fleet as well as
processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of November 7, 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: November 9, 2016.
Tracey Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–27419 Filed 11–9–16; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\15NOR1.SGM
15NOR1
]]>Agencies
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Rules and Regulations]
[Pages 80006-80007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27419]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150916863-6211-02]
RIN 0648-XF032
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod 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; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from catcher vessels using trawl gear and catcher vessels greater
than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using
pot gear to catcher processors (C/Ps) using hook-and-line gear and C/Ps
using pot gear in the Bering Sea and Aleutian Islands (BSAI) management
area. This action is necessary to allow the 2016 total allowable catch
of Pacific cod to be harvested.
DATES: Effective November 9, 2016, through 2400 hours, Alaska local
time (A.l.t.), December 31, 2016.
[[Page 80007]]
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI) according to the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (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 TAC specified for catcher vessels using trawl
gear in the BSAI is 46,638 metric tons (mt) as established by the final
2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR
14773, March 18, 2016) and reallocations (81 FR 69445, October 6, 2016,
81 FR 76530, November 3, 2016). The Regional Administrator has
determined that catcher vessels using trawl gear will not be able to
harvest 1,500 mt of the remaining 2016 Pacific cod TAC allocated to
those vessels under Sec. 679.20(a)(7)(ii)(A)(9).
The 2016 Pacific cod TAC specified for catcher vessels greater than
or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 17,598
mt as established by the final 2016 and 2017 harvest specifications for
groundfish of the BSAI (81 FR 14773, March 18, 2016) and reallocation
(81 FR 69445, October 6, 2016). The Regional Administrator has
determined that catcher vessels greater than or equal to 60 feet (18.3
m) LOA using pot gear will not be able to harvest 3,000 mt of the
remaining 2016 Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(7)(ii)(A)(5).
Therefore, in accordance with Sec. 679.20(a)(7)(iii), taking into
account the capabilities of the sectors to harvest reallocated amounts
of Pacific cod, and following the hierarchies set forth in Sec.
679.20(a)(7)(iii)(A) and Sec. 679.20(a)(7)(iii)(B), NMFS reallocates
4,500 mt of Pacific cod to C/Ps using hook-and-line gear and C/Ps using
pot gear in the Bering Sea and Aleutian Islands management area.
The harvest specifications for Pacific cod included in the final
2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR
14773, March 18, 2016, 81 FR 57491, August 23, 2016, 81 FR 61143,
September 6, 2016, 81 FR 69445, October 6, 2016, 81 FR 76530, November
3, 2016) are revised as follows: 45,138 mt for catcher vessels using
trawl gear, 14,598 for catcher vessels greater than or equal to 60 feet
(18.3 m) LOA using pot gear, 111,783 for C/Ps using hook-and-line gear,
and 6,607 mt for C/Ps using pot gear.
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 reallocation of Pacific cod specified from multiple
sectors to C/Ps using hook-and-line gear and C/Ps using pot gear in the
Bering Sea and Aleutian Islands management area. Since these fisheries
are currently open, it is important to immediately inform the industry
as to the revised allocations. Immediate notification is necessary to
allow for the orderly conduct and efficient operation of this fishery,
to allow the industry to plan for the fishing season, and to avoid
potential disruption to the fishing fleet as well as processors. NMFS
was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
November 7, 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: November 9, 2016.
Tracey Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-27419 Filed 11-9-16; 4:15 pm]
BILLING CODE 3510-22-P
