[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13288-13289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05679]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 140918791-4999-02]
RIN 0648-XE496
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
in the Central Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; opening; request for comments.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by vessels
using pot gear in the Central Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to fully use the A season allowance of
the 2016 total allowable catch of Pacific cod apportioned to vessels
using pot gear in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 12,
2016, through 1200 hours, A.l.t., June 10, 2016.
Comments must be received at the following address no later than
4:30 p.m., A.l.t., March 29, 2016.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2014-0118, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0118, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
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 A season allowance of the 2016 Pacific cod total allowable
catch (TAC) apportioned to vessels using pot gear in the Central
Regulatory Area of the GOA is 6,528 metric tons (mt), as established by
the final 2015 and 2016 harvest specifications for groundfish of the
GOA (80 FR 10250, February 25, 2015) and inseason adjustment (81 FR
188, January 5, 2016).
NMFS closed directed fishing for Pacific cod by vessels using pot
gear in the Central Regulatory Area of the GOA under Sec.
679.20(d)(1)(iii) on February 1, 2016 (81 FR 5628, February 3, 2016).
As of March 8, 2016, NMFS has determined that approximately 525
metric tons of Pacific cod remain in the A season directed fishing
allowance for Pacific cod apportioned to vessels using pot gear in the
Central Regulatory Area of the GOA. Therefore, in accordance with Sec.
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize
the A season allowance of the 2016 TAC of Pacific cod in the Central
Regulatory Area of the GOA, NMFS is terminating the previous closure
and is reopening directed fishing for Pacific cod by vessels using pot
gear in the Central Regulatory Area of the GOA. The Administrator,
Alaska Region (Regional Administrator) considered the following factors
in reaching this decision: (1) The current catch of Pacific cod in the
Central Regulatory Area of the GOA and, (2) the harvest capacity and
stated intent on future harvesting patterns of vessels in participating
in this fishery.
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 opening of directed fishing for Pacific cod in the
Central Regulatory Area of 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 March 8, 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.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by vessels using pot gear in the Central Regulatory
Area of the GOA to be harvested in an expedient manner and in
accordance with the regulatory schedule. Under Sec. 679.25(c)(2),
interested persons are invited to submit written comments on this
action to the above address until March 29, 2016.
This action is required by Sec. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
[[Page 13289]]
Dated: March 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-05679 Filed 3-9-16; 4:15 pm]
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