80 FR 38017 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range		38017-38018
FR Document		2015-16377

NMFS is exchanging unused Community Development Quota (CDQ) for CDQ acceptable biological catch (ABC) reserves. This action is necessary to allow the 2015 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38017-38018]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-16377]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE023

Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of
Flatfish 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; reallocation.

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SUMMARY: NMFS is exchanging unused Community Development Quota (CDQ)
for CDQ acceptable biological catch (ABC) reserves. This action is
necessary to allow the 2015 total allowable catch of flathead sole,
rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands
management area to be harvested.

DATES: Effective July 2, 2015 through 2400 hours, Alaska local time
(A.l.t.), December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands management area (BSAI) 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 2015 flathead sole, rock sole and yellowfin sole CDQ reserves
specified in

[[Page 38018]]

the BSAI are 2,595, 7,410, and 15,943 metric tons (mt) as established
by the final 2015 and 2016 harvest specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015). The 2015 flathead sole, rock sole,
and yellowfin sole CDQ ABC reserves are 4,481, 12,032, and 10,679 mt as
established by the final 2015 and 2016 harvest specifications for
groundfish in the BSAI (80 FR 11919, March 5, 2015).
The Yukon Delta Fisheries Development Association has requested
that NMFS exchange 50 mt of flathead sole and 250 mt of yellowfin sole
CDQ reserves for 300 mt of rock sole CDQ ABC reserves under Sec.
679.31(d). Therefore, in accordance with Sec. 679.31(d), NMFS
exchanges 50 mt of flathead sole and 250 mt of yellowfin sole CDQ
reserves for 300 mt of rock sole CDQ ABC reserves in the BSAI. This
action also decreases and increases the TACs and CDQ ABC reserves by
the corresponding amounts. Tables 11 and 13 of the final 2015 and 2016
harvest specifications for groundfish in the BSAI (80 FR 11919, March
5, 2015) are revised as follows:

Table 11--Final 2015 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 8,000 7,000 9,000 24,200 69,550 148,750
CDQ..................................................... 856 749 963 2,545 7,710 15,693
ICA..................................................... 100 75 10 5,000 8,000 5,000
BSAI trawl limited access............................... 704 618 161 0 0 16,165
Amendment 80............................................ 6,340 5,558 7,866 16,655 53,840 111,892
Alaska Groundfish Cooperative........................... 3,362 2,947 4,171 1,708 13,318 44,455
Alaska Seafood Cooperative.............................. 2,978 2,611 3,695 14,947 40,522 67,437
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.

Table 13--Final 2015 and 2016 ABC Surplus, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole,
Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015 Flathead 2015 Rock 2015 2016 Flathead 2016 Rock 2016
Sector sole sole Yellowfin sole sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC..................................................... 66,130 181,700 248,800 63,711 164,800 245,500
TAC..................................................... 24,200 69,550 148,750 24,250 69,250 149,000
ABC surplus............................................. 41,930 112,150 100,050 39,461 95,550 96,500
ABC reserve............................................. 41,930 112,150 100,050 39,461 95,550 96,500
CDQ ABC reserve......................................... 4,531 11,732 10,929 4,222 10,224 10,326
Amendment 80 ABC reserve................................ 37,399 100,418 89,121 35,239 85,326 86,175
Alaska Groundfish Cooperative for 2015 \1\.............. 3,836 24,840 35,408 n/a n/a n/a
Alaska Seafood Cooperative for 2015 \1\................. 33,563 75,578 53,713 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2016 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2015.

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 flatfish exchange by the Yukon Delta Fisheries
Development Association in the BSAI. Since these fisheries are
currently open, it is important to immediately inform the industry as
to the revised allocations. 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 as well as processors. NMFS
was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of June
23, 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 Sec. 679.20 and is exempt from review
under Executive Order 12866.

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

Dated: June 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-16377 Filed 6-29-15; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 38017

Management Act (16 U.S.C. 1801 et the Atlantic region is defined as a line fishing opportunities in future seasons.
seq.). beginning on the East Coast of Florida For these reasons, the AA also finds
Under § 635.5(b)(1), dealers must at the mainland at 25°20.4′ N. lat, good cause to waive the 30-day delay in
electronically submit reports on sharks proceeding due east. Any water and effective date pursuant to 5 U.S.C.
that are first received from a vessel on land to the south and west of that 553(d)(3). This action is required under
a weekly basis through a NMFS- boundary is considered, for the § 635.28(b)(2) and is exempt from
approved electronic reporting system. purposes of monitoring and setting review under Executive Order 12866.
Reports must be received by no later quotas, to be within the Gulf of Mexico Authority: 16 U.S.C. 1801 et seq.
than midnight, local time, of the first region.
Tuesday following the end of the During the closure, retention of Dated: June 29, 2015.
reporting week unless the dealer is blacknose sharks and non-blacknose Emily H. Menashes,
otherwise notified by NMFS. Under SCS in the Gulf of Mexico region is Acting Director, Office of Sustainable
§ 635.28(b)(2), the quotas of certain prohibited for persons fishing aboard Fisheries, National Marine Fisheries Service.
species and/or management groups are vessels issued a commercial shark [FR Doc. 2015–16355 Filed 6–29–15; 4:15 pm]
linked. The quotas for non-blacknose limited access permit (LAP) under BILLING CODE 3510–22–P
SCS and the blacknose shark § 635.4. However, persons aboard a
management group in the Gulf of commercially permitted vessel that is
Mexico region are linked also properly permitted to operate as a DEPARTMENT OF COMMERCE
(§ 635.28(b)(3)(iv)). Under § 635.28(b)(2), charter vessel or headboat for HMS and
when NMFS calculates that the landings is engaged in a for-hire trip could fish National Oceanic and Atmospheric
for any species and/or management under the recreational retention limits Administration
group of a linked group has reached or for sharks and ‘‘no sale’’ provisions
is projected to reach 80 percent of the (§ 635.22(a) and (c)). 50 CFR Part 679
available quota, NMFS will file for During this closure, a shark dealer [Docket No. 141021887–5172–02]
publication with the Office of the issued a permit pursuant to § 635.4 may
Federal Register a notice of closure for not purchase or receive blacknose RIN 0648–XE023
all of the species and/or management sharks or non-blacknose SCS in the Gulf
groups in a linked group that will be of Mexico region from a vessel issued a Fisheries of the Exclusive Economic
effective no fewer than 5 days from date shark LAP, except that a permitted Zone Off Alaska; Exchange of Flatfish
of filing. From the effective date and shark dealer or processor may possess in the Bering Sea and Aleutian Islands
time of the closure until and if NMFS blacknose sharks and/or non-blacknose Management Area
announces, via notification in the SCS in the Gulf of Mexico region that AGENCY: National Marine Fisheries
Federal Register, that additional quota were harvested, off-loaded, and sold, Service (NMFS), National Oceanic and
is available and the season is reopened, traded, or bartered prior to the effective Atmospheric Administration (NOAA),
the fisheries for all linked species and/ date of the closure and were held in Commerce.
or management groups are closed, even storage consistent with § 635.28(b)(5). ACTION: Temporary rule; reallocation.
across fishing years. Similarly, a shark dealer issued a permit
On December 2, 2014 (79 FR 71331), pursuant to § 635.4 may, in accordance SUMMARY: NMFS is exchanging unused
NMFS announced that the 2015 with relevant state regulations, purchase Community Development Quota (CDQ)
commercial Gulf of Mexico non- or receive blacknose sharks and/or non- for CDQ acceptable biological catch
blacknose SCS quota is 45.5 metric tons blacknose SCS in the Gulf of Mexico (ABC) reserves. This action is necessary
(mt) dressed weight (dw) (100,317 lb region if the sharks were harvested, off- to allow the 2015 total allowable catch
dw) and the blacknose shark quota is 1.8 loaded, and sold, traded, or bartered of flathead sole, rock sole, and yellowfin
mt dw (4,076 lb dw). from a vessel that fishes only in state sole in the Bering Sea and Aleutian
Dealer reports recently received waters and that has not been issued a Islands management area to be
through June 26, 2015, indicated that shark LAP, HMS Angling permit, or harvested.
36.9 mt dw or 81 percent of the HMS Charter/Headboat permit pursuant
available Gulf of Mexico non-blacknose DATES: Effective July 2, 2015 through
to § 635.4.
SCS quota had been landed and 1.0 mt 2400 hours, Alaska local time (A.l.t.),
dw or 52 percent of the available Gulf Classification December 31, 2015.
of Mexico blacknose shark quota had Pursuant to 5 U.S.C. 553(b)(B), the FOR FURTHER INFORMATION CONTACT:
been landed. Based on these dealer Assistant Administrator for Fisheries, Steve Whitney, 907–586–7228.
reports, landings of non-blacknose SCS NOAA (AA), finds that providing prior SUPPLEMENTARY INFORMATION: NMFS
have exceeded 80 percent of the quota notice and public comment for this manages the groundfish fishery in the
by June 26, 2015. Accordingly, NMFS is action is impracticable and contrary to Bering Sea and Aleutian Islands
closing both the commercial blacknose the public interest because the fisheries management area (BSAI) according to
shark fishery and non-blacknose SCS are currently underway and any delay the Fishery Management Plan for
management group in the Gulf of in this action would result in Groundfish of the Bering Sea and
Mexico region as of 11:30 p.m. local overharvest of the Gulf of Mexico non- Aleutian Islands Management Area
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

time July 4, 2015. The only shark blacknose SCS quota and be (FMP) prepared by the North Pacific
species or management groups that inconsistent with management Fishery Management Council under
remain open in the Gulf of Mexico requirements and objectives. Similarly, authority of the Magnuson-Stevens
region are the research large coastal affording prior notice and opportunity Fishery Conservation and Management
sharks, sandbar sharks within the shark for public comment on this action is Act. Regulations governing fishing by
research fishery, the blue shark, and contrary to the public interest because if U.S. vessels in accordance with the FMP
pelagic sharks other than porbeagle or the quota is exceeded, the stock may be appear at subpart H of 50 CFR part 600
blue shark management groups. negatively affected and fishermen and 50 CFR part 679.
At § 635.27(b)(1), the boundary ultimately could experience reductions The 2015 flathead sole, rock sole and
between the Gulf of Mexico region and in the available quota and a lack of yellowfin sole CDQ reserves specified in

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38018 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

the BSAI are 2,595, 7,410, and 15,943 harvest specifications for groundfish in flathead sole and 250 mt of yellowfin
metric tons (mt) as established by the the BSAI (80 FR 11919, March 5, 2015). sole CDQ reserves for 300 mt of rock
final 2015 and 2016 harvest The Yukon Delta Fisheries sole CDQ ABC reserves in the BSAI.
specifications for groundfish in the Development Association has requested This action also decreases and increases
BSAI (80 FR 11919, March 5, 2015). The that NMFS exchange 50 mt of flathead the TACs and CDQ ABC reserves by the
2015 flathead sole, rock sole, and sole and 250 mt of yellowfin sole CDQ corresponding amounts. Tables 11 and
yellowfin sole CDQ ABC reserves are reserves for 300 mt of rock sole CDQ 13 of the final 2015 and 2016 harvest
4,481, 12,032, and 10,679 mt as ABC reserves under § 679.31(d). specifications for groundfish in the
established by the final 2015 and 2016 Therefore, in accordance with BSAI (80 FR 11919, March 5, 2015) are
§ 679.31(d), NMFS exchanges 50 mt of revised as follows:
TABLE 11—FINAL 2015 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]

Pacific ocean perch Flathead sole Rock sole Yellowfin sole
Sector Eastern Aleu- Central Aleu- Western Aleu- BSAI BSAI BSAI
tian district tian district tian district

TAC .......................................................... 8,000 7,000 9,000 24,200 69,550 148,750
CDQ ......................................................... 856 749 963 2,545 7,710 15,693
ICA ........................................................... 100 75 10 5,000 8,000 5,000
BSAI trawl limited access ........................ 704 618 161 0 0 16,165
Amendment 80 ......................................... 6,340 5,558 7,866 16,655 53,840 111,892
Alaska Groundfish Cooperative ............... 3,362 2,947 4,171 1,708 13,318 44,455
Alaska Seafood Cooperative ................... 2,978 2,611 3,695 14,947 40,522 67,437
Note: Sector apportionments may not total precisely due to rounding.

TABLE 13—FINAL 2015 AND 2016 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND
AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
[Amounts are in metric tons]

2015 2015 2015 2016 2016 2016
Sector Flathead sole Rock sole Yellowfin sole Flathead sole Rock sole Yellowfin sole

ABC .......................................................... 66,130 181,700 248,800 63,711 164,800 245,500
TAC .......................................................... 24,200 69,550 148,750 24,250 69,250 149,000
ABC surplus ............................................. 41,930 112,150 100,050 39,461 95,550 96,500
ABC reserve ............................................. 41,930 112,150 100,050 39,461 95,550 96,500
CDQ ABC reserve ................................... 4,531 11,732 10,929 4,222 10,224 10,326
Amendment 80 ABC reserve ................... 37,399 100,418 89,121 35,239 85,326 86,175
Alaska Groundfish Cooperative for
2015 1 ................................................... 3,836 24,840 35,408 n/a n/a n/a
Alaska Seafood Cooperative for 2015 1 .. 33,563 75,578 53,713 n/a n/a n/a
1 The 2016 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2015.

Classification Yukon Delta Fisheries Development date of this action under 5 U.S.C.
This action responds to the best Association in the BSAI. Since these 553(d)(3). This finding is based upon
available information recently obtained fisheries are currently open, it is the reasons provided above for waiver of
from the fishery. The Assistant important to immediately inform the prior notice and opportunity for public
Administrator for Fisheries, NOAA industry as to the revised allocations. comment.
(AA), finds good cause to waive the Immediate notification is necessary to
This action is required by § 679.20
requirement to provide prior notice and allow for the orderly conduct and
and is exempt from review under
opportunity for public comment efficient operation of this fishery, to
allow the industry to plan for the fishing Executive Order 12866.
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is season, and to avoid potential Authority: 16 U.S.C. 1801 et seq.
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

impracticable and contrary to the public disruption to the fishing fleet as well as Dated: June 29, 2015.
interest. This requirement is processors. NMFS was unable to
Emily H. Menashes,
impracticable and contrary to the public publish a notice providing time for
public comment because the most Acting Director, Office of Sustainable
interest as it would prevent NMFS from Fisheries, National Marine Fisheries Service.
responding to the most recent fisheries recent, relevant data only became
available as of June 23, 2015. [FR Doc. 2015–16377 Filed 6–29–15; 4:15 pm]
data in a timely fashion and would
delay the flatfish exchange by the The AA also finds good cause to BILLING CODE 3510–22–P
waive the 30-day delay in the effective

VerDate Sep<11>2014 23:22 Jul 01, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4700 Sfmt 9990 E:\FR\FM\02JYR1.SGM 02JYR1

Document Created: 2015-12-15 13:14:54
Document Modified: 2015-12-15 13:14:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; reallocation.
Dates		Effective July 2, 2015 through 2400 hours, Alaska local time (A.l.t.), December 31, 2015.
Contact		Steve Whitney, 907-586-7228.
FR Citation		80 FR 38017
RIN Number		0648-XE02

80 FR 38017 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 127 (July 2, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration