Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2016 Gulf of Alaska Pollock Seasonal Apportionments, 83716-83717 [2016-28056]
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Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations
CNMI territorial allocation limit of 1,000
mt will be reached by December 1, 2016,
and is, as an accountability measure,
prohibiting the catch and retention of
longline-caught bigeye tuna by vessels
in the CNMI/QMI agreement.
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Notice of Closure and Temporary Rule
Effective 12:01 a.m. local time
December 1, 2016, through December
31, 2016, NMFS closes the U.S. pelagic
longline fishery for bigeye tuna in the
western and central Pacific Ocean as a
result of the fishery reaching the 2016
allocation limit of 1,000 mt for the
CNMI.
During the closure, a U.S. fishing
vessel operating under the CNMI/QMI
agreement may not retain on board,
transship, or land bigeye tuna captured
by longline gear in the WCPO, except
that any bigeye tuna already on board a
fishing vessel upon the effective date of
the restrictions may be retained on
board, transshipped, and landed,
provided that they are landed within 14
days of the start of the closure; that is,
by December 15, 2016. Additionally,
U.S. fishing vessels operating under the
CNMI/QMI agreement are also
prohibited from transshipping bigeye
tuna caught in the WCPO by longline
gear to any vessel other than a U.S.
fishing vessel with a valid permit issued
under 50 CFR 660.707 or 665.801.
During the closure, all other
restrictions and requirements NMFS
established on July 22, 2016, as a result
of the U.S. longline fishery reaching the
2016 U.S. bigeye tuna limit of 3,554 mt
(81 FR 45982, July 15, 2016) shall
remain valid and effective.
If, prior to December 1, 2016, NMFS
receives a valid specified fishing
agreement between a U.S. longline
fishing vessel(s) and another U.S.
territory, any vessel included in the
CNMI/QMI agreement that is also
included in the subsequent agreement
may continue to transship, retain, and
land bigeye tuna caught by longline gear
in the WCPO. Additionally, if any such
vessel is engaged in a longline fishing
trip in the WCPO on December 1, 2016,
that vessel would not need to return to
port before December 15, 2016. NMFS
would announce any valid specified
fishing agreement in the Federal
Register.
Classification
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment on this
action, because it would be
impracticable and contrary to public
interest, as discussed below. This rule
closes the U.S. longline fishery for
bigeye tuna in the WCPO as a result of
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16:34 Nov 21, 2016
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reaching the bigeye tuna allocation limit
established by the 2016 specification for
catch and allocation limits of bigeye
tuna for the CNMI, and the specified
fishing agreement between the
Government of the CNMI and QMI
dated April 14, 2016.
NMFS forecasted that the fishery
would reach the 2016 CNMI allocation
limit by December 1, 2016. Fishermen
have been subject to longline bigeye
tuna limits in the western and central
Pacific since 2009. They have received
ongoing, updated information about the
2016 catch and progress of the fishery
in reaching the U.S. bigeye tuna limit
via the NMFS Web site, social media,
and other means. The publication
timing of this rule, moreover, provides
longline fishermen with seven days’
advance notice of the closure date, and
allows two weeks to return to port and
land their catch of bigeye tuna. This
action is intended to comply with
regulations managing this stock, and,
accordingly NMFS finds it
impracticable and contrary to the public
interest to have prior notice and public
comment.
For the reasons stated above, there is
also good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in
effectiveness for this temporary rule.
NMFS must close the fishery to ensure
that fishery does not exceed the
allocation limit. NMFS implemented the
catch and allocation limits for the CNMI
consistent with management objectives
to sustainable manage the bigeye tuna
stock and restore the stock to levels
capable of producing maximum
sustainable yield on a continuing basis.
Failure to close the fishery before the
limit is reached would be inconsistent
with bigeye tuna management
objections and in violation of Federal
law.
This action is required by 50 CFR
665.819(d), and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–28061 Filed 11–17–16; 11:15 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE958
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2016 Gulf of Alaska Pollock
Seasonal Apportionments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS is adjusting the 2016 D
seasonal apportionments of the total
allowable catch (TAC) for pollock in the
Gulf of Alaska (GOA) by re-apportioning
unharvested pollock TAC in Statistical
Areas 610, 620, and 630 of the GOA.
This action is necessary to provide
opportunity for harvest of the 2016
pollock TAC, consistent with the goals
and objectives of the Fishery
Management Plan for Groundfish of the
Gulf of Alaska.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), November 17, 2016,
until 2400 hours A.l.t., December 31,
2016.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
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
(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 annual pollock TACs in
Statistical Areas 610, 620, and 630 of
the GOA are apportioned among four
seasons, in accordance with
§ 679.23(d)(2). Regulations at
§ 679.20(a)(5)(iv)(B) allow the
underharvest of a seasonal
apportionment to be added to
subsequent seasonal apportionments,
provided that any revised seasonal
apportionment does not exceed 20
percent of the seasonal apportionment
for a given statistical area. Therefore,
NMFS is increasing the D season
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
apportionment of pollock in Statistical
Areas 620 and 630 of the GOA to reflect
the underharvest of pollock in those
areas during the B season. In addition,
any underharvest remaining beyond 20
percent of the originally specified
seasonal apportionment in a particular
area may be further apportioned to other
statistical areas. Therefore, NMFS also is
increasing the D season apportionment
of pollock to Statistical Areas 610 and
630 based on the underharvest of
pollock in Statistical Areas 620 of the
GOA. These adjustments are described
below.
The D seasonal apportionment of the
2016 pollock TAC in Statistical Area
610 of the GOA is 24,421 metric tons
(mt) as established by the final 2016 and
2017 harvest specifications for
groundfish of the GOA (81 FR 14740,
March 18, 2016). In accordance with
§ 679.20(a)(5)(iv)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), hereby increases the D
season apportionment for Statistical
Area 610 by 3,508 mt to account for
both the Statistical Area 610 C season
overharvest of 1,376 mt and the
Statistical Areas 620 C season TAC
underharvest. This increase is in
proportion to the estimated pollock
biomass and is not greater than 20
percent of the D seasonal apportionment
of the TAC in Statistical Area 610.
Therefore, the revised D seasonal
apportionment of the pollock TAC in
Statistical Area 610 is 27,929 mt (24,421
mt plus 3,508 mt).
The D seasonal apportionment of the
pollock TAC in Statistical Area 620 of
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the GOA is 15,402 mt as established by
the final 2016 and 2017 harvest
specifications for groundfish of the GOA
(81 FR 14740, March 18, 2016). In
accordance with § 679.20(a)(5)(iv)(B),
the Regional Administrator hereby
increases the D seasonal apportionment
for Statistical Area 620 by 3,080 mt to
account for the underharvest of the TAC
in Statistical Areas 620 in the C season.
This increase is not greater than 20
percent of the D seasonal apportionment
of the TAC in Statistical Area 620.
Therefore, the revised D seasonal
apportionment of the pollock TAC in
Statistical Area 620 is 18,482 mt (15,402
mt plus 3,080 mt).
The D seasonal apportionment of
pollock TAC in Statistical Area 630 of
the GOA is 19,822 mt as established by
the final 2016 and 2017 harvest
specifications for groundfish of the GOA
(81 FR 14740, March 18, 2016). In
accordance with § 679.20(a)(5)(iv)(B),
the Regional Administrator hereby
increases the D seasonal apportionment
for Statistical Area 630 by 3,964 mt to
account for the underharvest of the TAC
in Statistical Areas 620 and 630 in the
C season. This increase is in proportion
to the estimated pollock biomass and is
not greater than 20 percent of the D
seasonal apportionment of the TAC in
Statistical Area 630. Therefore, the
revised D seasonal apportionment of
pollock TAC in Statistical Area 630 is
23,786 mt (19,822 mt plus 3,964 mt).
Classification
This action responds to the best
available information recently obtained
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83717
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
provide opportunity to harvest
increased pollock seasonal
apportionments. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of November 16, 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 16, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–28056 Filed 11–17–16; 11:15 am]
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]]>Agencies
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83716-83717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28056]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150818742-6210-02]
RIN 0648-XE958
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2016 Gulf of Alaska Pollock Seasonal Apportionments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the 2016 D seasonal apportionments of the
total allowable catch (TAC) for pollock in the Gulf of Alaska (GOA) by
re-apportioning unharvested pollock TAC in Statistical Areas 610, 620,
and 630 of the GOA. This action is necessary to provide opportunity for
harvest of the 2016 pollock TAC, consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the Gulf of
Alaska.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 17,
2016, until 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
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 (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 annual pollock TACs in Statistical Areas 610, 620, and 630 of
the GOA are apportioned among four seasons, in accordance with Sec.
679.23(d)(2). Regulations at Sec. 679.20(a)(5)(iv)(B) allow the
underharvest of a seasonal apportionment to be added to subsequent
seasonal apportionments, provided that any revised seasonal
apportionment does not exceed 20 percent of the seasonal apportionment
for a given statistical area. Therefore, NMFS is increasing the D
season
[[Page 83717]]
apportionment of pollock in Statistical Areas 620 and 630 of the GOA to
reflect the underharvest of pollock in those areas during the B season.
In addition, any underharvest remaining beyond 20 percent of the
originally specified seasonal apportionment in a particular area may be
further apportioned to other statistical areas. Therefore, NMFS also is
increasing the D season apportionment of pollock to Statistical Areas
610 and 630 based on the underharvest of pollock in Statistical Areas
620 of the GOA. These adjustments are described below.
The D seasonal apportionment of the 2016 pollock TAC in Statistical
Area 610 of the GOA is 24,421 metric tons (mt) as established by the
final 2016 and 2017 harvest specifications for groundfish of the GOA
(81 FR 14740, March 18, 2016). In accordance with Sec.
679.20(a)(5)(iv)(B), the Administrator, Alaska Region, NMFS (Regional
Administrator), hereby increases the D season apportionment for
Statistical Area 610 by 3,508 mt to account for both the Statistical
Area 610 C season overharvest of 1,376 mt and the Statistical Areas 620
C season TAC underharvest. This increase is in proportion to the
estimated pollock biomass and is not greater than 20 percent of the D
seasonal apportionment of the TAC in Statistical Area 610. Therefore,
the revised D seasonal apportionment of the pollock TAC in Statistical
Area 610 is 27,929 mt (24,421 mt plus 3,508 mt).
The D seasonal apportionment of the pollock TAC in Statistical Area
620 of the GOA is 15,402 mt as established by the final 2016 and 2017
harvest specifications for groundfish of the GOA (81 FR 14740, March
18, 2016). In accordance with Sec. 679.20(a)(5)(iv)(B), the Regional
Administrator hereby increases the D seasonal apportionment for
Statistical Area 620 by 3,080 mt to account for the underharvest of the
TAC in Statistical Areas 620 in the C season. This increase is not
greater than 20 percent of the D seasonal apportionment of the TAC in
Statistical Area 620. Therefore, the revised D seasonal apportionment
of the pollock TAC in Statistical Area 620 is 18,482 mt (15,402 mt plus
3,080 mt).
The D seasonal apportionment of pollock TAC in Statistical Area 630
of the GOA is 19,822 mt as established by the final 2016 and 2017
harvest specifications for groundfish of the GOA (81 FR 14740, March
18, 2016). In accordance with Sec. 679.20(a)(5)(iv)(B), the Regional
Administrator hereby increases the D seasonal apportionment for
Statistical Area 630 by 3,964 mt to account for the underharvest of the
TAC in Statistical Areas 620 and 630 in the C season. This increase is
in proportion to the estimated pollock biomass and is not greater than
20 percent of the D seasonal apportionment of the TAC in Statistical
Area 630. Therefore, the revised D seasonal apportionment of pollock
TAC in Statistical Area 630 is 23,786 mt (19,822 mt plus 3,964 mt).
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 provide opportunity to harvest increased pollock seasonal
apportionments. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of November 16, 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 16, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-28056 Filed 11-17-16; 11:15 am]
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