[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68369-68370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23969]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE925


Fisheries of the Exclusive Economic Zone Off Alaska; Several 
Groundfish Species in the Bering Sea and Aleutian Islands Management 
Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean 
perch, Bering Sea and Aleutian Islands (BSAI) Kamchatka flounder, BSAI 
``other flatfish,'' BSAI northern rockfish, BSAI skates, BSAI sculpins, 
and BSAI squids in the BSAI management area. This action is necessary 
to allow the fisheries to continue operating. It is intended to promote 
the goals and objectives of the fishery management plan for the BSAI 
management area.

DATES: Effective September 29, 2016 through 2400 hrs, Alaska local 
time, December 31, 2016. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time, October 19, 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, http://www.regulations.gov/docket?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.

[[Page 68370]]

All personal identifying information (e.g., name, address, etc.), 
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: Steve Whitney, 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.
    The 2016 ITAC of BS Pacific ocean perch was established as 6,800 
metric tons (mt), the 2016 ITAC of BSAI Kamchatka flounder was 
established as 4,250 mt, the 2016 ITAC of BSAI ``other flatfish'' was 
established as 2,125 mt, the 2016 ITAC of BSAI northern rockfish was 
established as 3,825 mt, the 2016 ITAC of BSAI skates was established 
as 22,100 mt, the 2016 ITAC of BSAI sculpins was established as 3,825 
mt, and the 2016 ITAC of BSAI squids was established as 1,275 mt by the 
final 2016 and 2017 harvest specifications for groundfish of the BSAI 
(81 FR 14773, March 18, 2016). In accordance with Sec.  679.20(a)(3) 
the Regional Administrator, Alaska Region, NMFS, has reviewed the most 
current available data and finds that the ITACs for BS Pacific ocean 
perch, BSAI Kamchatka flounder, BSAI ``other flatfish,'' BSAI northern 
rockfish, BSAI skates BSAI sculpins, and BSAI squids need to be 
supplemented from the non-specified reserve to promote efficiency in 
the utilization of fishery resources in the BSAI and allow fishing 
operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 1,400 mt to the BS Pacific 
ocean perch ITAC, 300 mt to the BSAI Kamchatka flounder ITAC, 737 mt to 
the BSAI ``other flatfish'' ITAC, 550 mt to the BSAI northern rockfish 
ITAC, 5,000 mt to the BSAI skates ITAC, 500 mt to the BSAI sculpins 
ITAC, and 30 mt to the BSAI squids ITAC. These apportionments are 
consistent with Sec.  679.20(b)(1)(i) and do not result in overfishing 
of any target species because the revised ITACs and total allowable 
catch (TAC) are equal to or less than the specifications of the 
acceptable biological catch in the final 2016 and 2017 harvest 
specifications for groundfish in the BSAI (81 FR 14773, March 18, 
2016).
    The harvest specification for the 2016 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows: The 2016 ITAC is increased to 4,550 mt for BSAI Kamchatka 
flounder, 2,862 mt for BSAI ``other flatfish,'' 4,375 mt for BSAI 
northern rockfish, 27,100 mt for BSAI skates, 4,325 mt for BSAI 
sculpins, and 1,305 mt for BSAI squids. The ITAC is increased to the 
full TAC of 8,200 mt for BS Pacific ocean perch.

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) and Sec.  679.20(b)(3)(iii)(A) as such a 
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 apportionment of the non-specified 
reserves of groundfish to the BS Pacific ocean perch, BSAI Kamchatka 
flounder, BSAI ``other flatfish,'' BSAI northern rockfish, BSAI skates, 
BSAI sculpins, and BSAI squids in 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 
September 26, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until October 
19, 2016.
    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: September 29, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-23969 Filed 9-29-16; 4:15 pm]
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