[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83716-83717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28056]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XE958


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2016 Gulf of Alaska Pollock Seasonal Apportionments

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS is adjusting the 2016 D seasonal apportionments of the 
total allowable catch (TAC) for pollock in the Gulf of Alaska (GOA) by 
re-apportioning unharvested pollock TAC in Statistical Areas 610, 620, 
and 630 of the GOA. This action is necessary to provide opportunity for 
harvest of the 2016 pollock TAC, consistent with the goals and 
objectives of the Fishery Management Plan for Groundfish of the Gulf of 
Alaska.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 17, 
2016, until 2400 hours A.l.t., December 31, 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 (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 annual pollock TACs in Statistical Areas 610, 620, and 630 of 
the GOA are apportioned among four seasons, in accordance with Sec.  
679.23(d)(2). Regulations at Sec.  679.20(a)(5)(iv)(B) allow the 
underharvest of a seasonal apportionment to be added to subsequent 
seasonal apportionments, provided that any revised seasonal 
apportionment does not exceed 20 percent of the seasonal apportionment 
for a given statistical area. Therefore, NMFS is increasing the D 
season

[[Page 83717]]

apportionment of pollock in Statistical Areas 620 and 630 of the GOA to 
reflect the underharvest of pollock in those areas during the B season. 
In addition, any underharvest remaining beyond 20 percent of the 
originally specified seasonal apportionment in a particular area may be 
further apportioned to other statistical areas. Therefore, NMFS also is 
increasing the D season apportionment of pollock to Statistical Areas 
610 and 630 based on the underharvest of pollock in Statistical Areas 
620 of the GOA. These adjustments are described below.
    The D seasonal apportionment of the 2016 pollock TAC in Statistical 
Area 610 of the GOA is 24,421 metric tons (mt) as established by the 
final 2016 and 2017 harvest specifications for groundfish of the GOA 
(81 FR 14740, March 18, 2016). In accordance with Sec.  
679.20(a)(5)(iv)(B), the Administrator, Alaska Region, NMFS (Regional 
Administrator), hereby increases the D season apportionment for 
Statistical Area 610 by 3,508 mt to account for both the Statistical 
Area 610 C season overharvest of 1,376 mt and the Statistical Areas 620 
C season TAC underharvest. This increase is in proportion to the 
estimated pollock biomass and is not greater than 20 percent of the D 
seasonal apportionment of the TAC in Statistical Area 610. Therefore, 
the revised D seasonal apportionment of the pollock TAC in Statistical 
Area 610 is 27,929 mt (24,421 mt plus 3,508 mt).
    The D seasonal apportionment of the pollock TAC in Statistical Area 
620 of the GOA is 15,402 mt as established by the final 2016 and 2017 
harvest specifications for groundfish of the GOA (81 FR 14740, March 
18, 2016). In accordance with Sec.  679.20(a)(5)(iv)(B), the Regional 
Administrator hereby increases the D seasonal apportionment for 
Statistical Area 620 by 3,080 mt to account for the underharvest of the 
TAC in Statistical Areas 620 in the C season. This increase is not 
greater than 20 percent of the D seasonal apportionment of the TAC in 
Statistical Area 620. Therefore, the revised D seasonal apportionment 
of the pollock TAC in Statistical Area 620 is 18,482 mt (15,402 mt plus 
3,080 mt).
    The D seasonal apportionment of pollock TAC in Statistical Area 630 
of the GOA is 19,822 mt as established by the final 2016 and 2017 
harvest specifications for groundfish of the GOA (81 FR 14740, March 
18, 2016). In accordance with Sec.  679.20(a)(5)(iv)(B), the Regional 
Administrator hereby increases the D seasonal apportionment for 
Statistical Area 630 by 3,964 mt to account for the underharvest of the 
TAC in Statistical Areas 620 and 630 in the C season. This increase is 
in proportion to the estimated pollock biomass and is not greater than 
20 percent of the D seasonal apportionment of the TAC in Statistical 
Area 630. Therefore, the revised D seasonal apportionment of pollock 
TAC in Statistical Area 630 is 23,786 mt (19,822 mt plus 3,964 mt).

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 provide opportunity to harvest increased pollock seasonal 
apportionments. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of November 16, 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 16, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28056 Filed 11-17-16; 11:15 am]
 BILLING CODE 3510-22-P