Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 6663 

landings in other CPS fisheries and 

other sources of mortality. For the 

remainder of the fishing year, incidental 

landings would also be constrained to a 

45-percent incidental catch allowance 

when Pacific mackerel are landed with 

other CPS (in other words, no more than 

45 percent by weight of the CPS landed 

per trip may be Pacific mackerel), 

except that up to 1 mt of Pacific 

mackerel could be landed without 

landing any other CPS. Upon attainment 

of the HG (29,170 mt), no retention of 

Pacific mackerel would be allowed in 

CPS fisheries. The purpose of the 

incidental set-aside and allowance of an 

incidental fishery is to allow for the 

restricted incidental landings of Pacific 

mackerel in other fisheries, particularly 

other CPS fisheries, when the directed 

fishery is closed to reduce potential 

discard of Pacific mackerel and allow 

for continued prosecution of other 

important CPS fisheries. 

The NMFS West Coast Regional 

Administrator will publish a notice in 

the Federal Register announcing the 

date of any closure to either directed or 

incidental fishing. Additionally, to 

ensure the regulated community is 

informed of any closure, NMFS will also 

make announcements through other 

means available, including fax, email, 

and mail to fishermen, processors, and 

state fishery management agencies. 

On October 20, 2014, a proposed rule 

was published for this action and public 

comments solicited (79 FR 62590). No 

comments were received. 

Detailed information on the fishery 

and the stock assessment are found in 

the reports ‘‘Pacific Mackerel (Scomber 

japonicus) Stock Assessment for USA 

Management in the 2011–12 Fishing 

Year’’ and ‘‘Pacific Mackerel Biomass 

Projection Estimate for USA 

Management (2014–15)’’ (see 

ADDRESSES). 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

Assistant Administrator, NMFS, has 

determined that this final rule is 

consistent with the CPS FMP, other 

provisions of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, and other applicable law. 

These specifications are exempt from 

review under Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

There are no reporting, recordkeeping, 

or other compliance requirements 

required by this rule. Additionally, no 

other Federal rules duplicate, overlap or 

conflict with this rule. 

This action does not contain a 

collection-of-information requirement 

for purposes of the Paperwork 

Reduction Act. 

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

Dated: February 3, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–02421 Filed 2–5–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–XD745 

Pacific Island Fisheries; 2015 Harvest 

Guideline; Northwestern Hawaiian 

Islands Lobster 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of lobster harvest 

guideline. 

SUMMARY: NMFS establishes the annual 

harvest guideline for the commercial 

lobster fishery in the Northwestern 

Hawaiian Islands for calendar year 2015 

at zero lobsters. 

DATES: February 6, 2015. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR Sustainable 

Fisheries, tel 808–725–5170. 

SUPPLEMENTARY INFORMATION: The 

Northwestern Hawaiian Islands (NWHI) 

commercial lobster fishery is managed 

under the Fishery Ecosystem Plan for 

the Hawaiian Archipelago. The 

regulations at 50 CFR 665.252(b) require 

NMFS to publish an annual harvest 

guideline for lobster Permit Area 1, 

comprised of Federal waters around the 

NWHI. Regulations governing the 

Papahanaumokuakea Marine National 

Monument in the NWHI prohibit the 

unpermitted removal of monument 

resources (50 CFR 404.7), and establish 

a zero annual harvest guideline for 

lobsters (50 CFR 404.10(a)). 

Accordingly, NMFS establishes the 

harvest guideline for the NWHI 

commercial lobster fishery for calendar 

year 2015 at zero lobsters. Thus, no 

harvest of NWHI lobster resources is 

allowed. 

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

Dated: February 3, 2015 

H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–02419 Filed 2–5–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD758 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific cod by Pot 

Catcher/Processors 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher/

processors using pot gear in the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

prevent exceeding the A season 

apportionment of the 2015 Pacific cod 

total allowable catch allocated to 

catcher/processors using pot gear in the 

BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 4, 2015, 

through 1200 hours, A.l.t., September 1, 

2015. 

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. 

The A season apportionment of the 

2015 Pacific cod total allowable catch 


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6664 Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 

(TAC) allocated to catcher/processors 

using pot gear in the BSAI is 1,698 

metric tons (mt) as established by the 

final 2014 and 2015 harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014) and 

inseason adjustment (80 FR 188, January 

5, 2015). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season 

apportionment of the 2015 Pacific cod 

TAC allocated as a directed fishing 

allowance to catcher/processors using 

pot gear in the BSAI will soon be 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by pot catcher/processors in the 

BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 Acting 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 directed fishing for 

Pacific cod by pot catcher/processors in 

the BSAI. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of February 2, 2015. 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 3, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–02417 Filed 2–3–15; 4:15 pm] 

BILLING CODE 3510–22–P 


asabaliauskas on DSK5VPTVN1PROD with RULES