[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Rules and Regulations]
[Pages 9787-9788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04205]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE471


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Western Aleutian Islands District of 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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod, 
including for the Community Development Quota program (CDQ), in the 
Western Aleutian Islands district of the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding the Western Aleutian Islands district Pacific cod harvest 
limit of the 2016 total allowable catch (TAC) in the Aleutian Islands 
subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 23, 
2016, through 2400 hrs, 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 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 Western Aleutian Islands district Pacific cod harvest limit of 
the 2016 TAC in the Aleutian Islands subarea of the BSAI is 3,377 
metric tons (mt) as established by the final 2015 and 2016 harvest 
specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) 
and inseason adjustment (81 FR 184, January 5, 2016). In accordance 
with Sec.  679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has 
determined that the Area 543 Pacific cod harvest limit of the 2016 
Pacific cod TAC in the Aleutian Islands subarea of the BSAI will soon 
be reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 2,377 mt, and is setting aside the 
remaining 1,000 mt as incidental catch in directed fishing for other 
species. In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod in the Western Aleutian Islands district of 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 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 directed fishing closure of Pacific cod in the Western 
Aleutian Islands district of 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 February 22, 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.

[[Page 9788]]

    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: February 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-04205 Filed 2-23-16; 4:15 pm]
 BILLING CODE 3510-22-P