[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33151-33152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12354]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE644


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery and Shallow-Water Species Fishery by Vessels Using 
Trawl Gear in the Gulf of Alaska

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 species that comprise 
the deep-water species fishery and the shallow-water species fishery by 
vessels using trawl gear in the Gulf of Alaska (GOA). This action is 
necessary because the second seasonal apportionment of the Pacific 
halibut bycatch allowance specified for each of these trawl fishery 
categories in the GOA has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 20, 2016, 
through 1200 hours, A.l.t., July 1, 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 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 second seasonal apportionments of the Pacific halibut bycatch 
allowance specified for the deep-water species and the shallow-water 
species fisheries in the GOA are 256 metric tons (mt) and 85 mt, 
respectively. These apportionments were established by the final 2016 
and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, 
March 18, 2016), for the period 1200 hours, A.l.t., April 1, 2016, 
through 1200 hours, A.l.t., July 1, 2016.
    In accordance with Sec.  679.21(d)(6)(i), the Administrator, Alaska 
Region, NMFS, has determined that the second seasonal apportionment of 
the combined Pacific halibut bycatch allowance specified for the trawl 
deep-water species and shallow-water species

[[Page 33152]]

fishery categories in the GOA has been reached. Consequently, NMFS is 
prohibiting directed fishing for the deep-water species and the 
shallow-water species fisheries by vessels using trawl gear in the GOA. 
The species and species groups that comprise the deep-water species 
fishery include sablefish, rockfish, deep-water flatfish, rex sole, and 
arrowtooth flounder. The species and species groups that comprise the 
shallow-water species fishery are pollock, Pacific cod, shallow-water 
flatfish, flathead sole, Atka mackerel, skates, squids, sharks, 
octopuses, and sculpins. This closure does not apply to fishing by 
vessels participating in the cooperative fishery in the Rockfish 
Program for the Central GOA.
    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 closure of the deep-water species fishery and the 
shallow-water species fishery by vessels using trawl gear in 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 May 
19, 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.  679.21 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 20, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12354 Filed 5-20-16; 4:15 pm]
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