[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21756-21757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE563


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea Subarea 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea subarea of the Bering Sea 
and Aleutian Islands Management Area (BSAI). This action is necessary 
to fully use the B season apportionment of the 2016 total allowable 
catch (TAC) of Pacific cod allocated to trawl catcher vessels in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 11, 2016, 
through 2400 hrs, A.l.t., June 10, 2016. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., April 28, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0118, 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-2015-0118, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit 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).

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
using trawl gear in the BSAI under

[[Page 21757]]

Sec.  679.20(d)(1)(iii) on April 4, 2016 (81 FR 19931, April 6, 2016).
    NMFS has determined that as of April 7, 2016, approximately 1,500 
metric tons of Pacific cod remain in the B season apportionment of the 
2016 TAC of Pacific cod allocated to trawl catcher vessels in the BSAI. 
However, NMFS closed directed fishing for Pacific cod in the Aleutian 
Island subarea of the BSAI under Sec.  679.20(d)(1)(iii) on March 22, 
2016 (81 FR 16096, March 25, 2016). Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 
B season apportionment of the 2016 TAC of Pacific cod allocated to 
trawl catcher vessels in the BSAI, NMFS is terminating the directed 
fishing closure for Pacific cod by catcher vessels using trawl gear in 
the BSAI and is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea subarea of the BSAI. This 
action does not open directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Aleutian Island subarea of the BSAI. 
The Administrator, Alaska Region, NMFS, (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current catch of Pacific cod by catcher vessels using trawl gear in the 
BSAI 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 by catcher 
vessels using trawl gear in the Bering Sea subarea of the BSAI. 
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 and processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of April 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels using trawl gear in the BSAI 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 April 
28, 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.

    Dated: April 8, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-08487 Filed 4-8-16; 4:15 pm]
 BILLING CODE 3510-22-P