80_FR_52371 80 FR 52204 - Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area

80 FR 52204 - Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 167 (August 28, 2015)

Page Range52204-52205
FR Document2015-21272

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of Bering Sea and Aleutian Islands (BSAI) northern rockfish, BSAI squids, Bering Sea (BS) Greenland turbot, and BS Pacific ocean perch 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.

Federal Register, Volume 80 Issue 167 (Friday, August 28, 2015)
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Rules and Regulations]
[Pages 52204-52205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21272]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE144


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 and Aleutian Islands 
(BSAI) northern rockfish, BSAI squids, Bering

[[Page 52205]]

Sea (BS) Greenland turbot, and BS Pacific ocean perch 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 August 27, 2015, through 2400 hrs, Alaska local time, 
December 31, 2015. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, September 11, 2015.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2014-0134 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/#!docketDetail;D=NOAA-NMFS-2014-0134, 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. 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 2015 ITAC of BSAI northern rockfish was established as 2,763 
metric tons (mt), the 2015 ITAC of BSAI squids was established as 340 
mt, the 2015 ITAC of BS Greenland turbot was established as 2,081 mt, 
and the 2015 ITAC of BS Pacific ocean perch was established as 6,818 mt 
by the final 2015 and 2016 harvest specifications for groundfish of the 
BSAI (80 FR 11919, March 5, 2015). 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 
BSAI northern rockfish, BSAI squids, BS Greenland turbot, and BS 
Pacific ocean perch 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 3,500 mt to the BSAI 
northern rockfish ITAC, 1,630 mt to the BSAI squids ITAC, 105 mt to the 
BS Greenland turbot ITAC, and 1,203 mt to the BS Pacific ocean perch 
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 2015 
and 2016 harvest specifications for groundfish in the BSAI (80 FR 
11919, March 5, 2015).
    The harvest specification for the 2015 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows: The ITAC and TAC is increased to 6,263 mt for BSAI northern 
rockfish and 1,970 mt for BSAI squids. The ITAC is increased to the 
full TAC of 2,448 mt for BS Greenland turbot, including 262 tons of 
Community Development Quota. And, the ITAC is increased to the full TAC 
of 8,021 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 BSAI northern rockfish, BSAI squids, BS 
Greenland turbot, and BS Pacific ocean perch fisheries 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 August 21, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until September 
11, 2015.
    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: August 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-21272 Filed 8-27-15; 8:45 am]
BILLING CODE 3510-22-P



                                           52204              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations

                                           (a)(7)(ii) of this section. The size class              migration patterns of bluefin tuna,                   This amount is in addition to the
                                           subquotas for bluefin tuna are further                  cumulative and projected landings in                  amounts specified in paragraph (a)(7)(i)
                                           subdivided as follows:                                  other commercial fishing categories, the              of this section. Consistent with
                                              (i) After adjustment for the school                  potential for gear conflicts on the fishing           paragraph (a)(8) of this section, NMFS
                                           bluefin tuna quota held in reserve                      grounds, or market impacts due to                     may allocate any portion of the school
                                           (under paragraph (a)(7)(ii) of this                     oversupply. NMFS will start the bluefin               bluefin tuna Angling category quota
                                           section), 52.8 percent (46.6 mt) of the                 tuna purse seine season between June 1                held in reserve for inseason or annual
                                           school bluefin tuna Angling category                    and August 15, by filing an action with               adjustments to the Angling category.
                                           quota may be caught, retained,                          the Office of the Federal Register, and               *     *     *      *    *
                                           possessed, or landed south of 39°18′ N.                 notifying the public. The Purse Seine                 ■ 3. In § 635.29, revise paragraph (c) to
                                           lat. The remaining school bluefin tuna                  category fishery closes on December 31
                                           Angling category quota (41.7 mt) may be                                                                       read as follows:
                                                                                                   of each year.
                                           caught, retained, possessed or landed                      (ii) Allocation of bluefin quota to                § 635.29 Transfer at sea and
                                           north of 39°18′ N. lat.                                 Purse Seine category participants.                    transshipment.
                                              (ii) An amount equal to 52.8 percent                 Annually, NMFS will make equal                        *      *     *     *    *
                                           (43.5 mt) of the large school/small                     allocations of the baseline Purse Seine                  (c) An owner or operator of a vessel
                                           medium bluefin tuna Angling category                    category quota described under                        for which an Atlantic Tunas Purse Seine
                                           quota may be caught, retained,                          paragraph (a)(4)(i) of this section to                category permit has been issued under
                                           possessed, or landed south of 39°18′ N.                 individual Purse Seine participants (i.e.,            § 635.4 may use an auxiliary vessel (i.e.,
                                           lat. The remaining large school/small                   36.9 mt each), then make further                      a skiff) associated with the permitted
                                           medium bluefin tuna Angling category                    determinations regarding the allocations              vessel to assist in routine purse seine
                                           quota (38.9 mt) may be caught, retained,                per paragraph (a)(4)(v) of this section.              fishery operations, provided that the
                                           possessed or landed north of 39°18′ N.                  Allocations of individual bluefin quota               auxiliary vessel has not been issued an
                                           lat.                                                    to individual Purse Seine participants                Atlantic Tunas or HMS vessel permit
                                              (iii) One third (1.5 mt) of the large                may only be transferred through leasing               and functions only in an auxiliary
                                           medium and giant bluefin tuna Angling
                                                                                                   in accordance with procedures and                     capacity during routine purse seine
                                           category quota may be caught retained,
                                                                                                   requirements at § 635.15(c) and other                 operations (i.e., it conducts limited
                                           possessed, or landed, in each of the
                                                                                                   requirements under this paragraph                     assistance activities such as assistance
                                           three following geographic areas: North
                                                                                                   (a)(4).                                               with purse seine deployment and
                                           of 39°18′ N. lat.; south of 39°18′ N. lat.,
                                           and outside of the Gulf of Mexico; and                  *       *    *     *     *                            removal of BFT from the purse seine).
                                           in the Gulf of Mexico. For the purposes                    (5) Harpoon category quota. The total              The auxiliary vessel may transfer large
                                           of this section, the Gulf of Mexico                     amount of large medium and giant                      medium and giant Atlantic BFT to its
                                           region includes all waters of the U.S.                  bluefin tuna that may be caught,                      associated purse seine vessel during
                                           EEZ west and north of the boundary                      retained, possessed, landed, or sold by               routine purse seine operations, provided
                                           stipulated at 50 CFR 600.105(c).                        vessels that possess Harpoon category                 that the amount transferred does not
                                              (3) Longline category quota. Pursuant                Atlantic Tunas permits is 38.6 mt. The                cause the receiving vessel to exceed its
                                           to paragraph (a) of this section, the total             Harpoon category fishery commences on                 currently authorized vessel allocation,
                                           amount of large medium and giant                        June 1 of each year, and closes on                    including incidental catch limits.
                                           bluefin tuna that may be caught,                        November 15 of each year.                             [FR Doc. 2015–21147 Filed 8–27–15; 8:45 am]
                                           discarded dead, or retained, possessed,                    (6) Trap category quota. The total                 BILLING CODE 3510–22–P
                                           or landed by vessels that possess                       amount of large medium and giant
                                           Atlantic Tunas Longline category                        bluefin tuna that may be caught,
                                           permits is 148.3 mt. In addition, 25 mt                 retained, possessed, or landed by                     DEPARTMENT OF COMMERCE
                                           shall be allocated for incidental catch by              vessels that possess Trap category
                                           pelagic longline vessels fishing in the                 Atlantic Tunas permits is 1.0 mt.                     National Oceanic and Atmospheric
                                           Northeast Distant gear restricted area,                    (7) * * *                                          Administration
                                           and subject to the restrictions under                      (i) The total amount of bluefin tuna
                                           § 635.15(b)(8).                                         that is held in reserve for inseason or               50 CFR Part 679
                                              (4) Purse Seine category quota—(i)                   annual adjustments and research using                 [Docket No. 141021887–5172–02]
                                           Baseline Purse Seine quota. Pursuant to                 quota or subquotas is 24.8 mt, which
                                           paragraph (a) of this section, the                      may be augmented by allowable                         RIN 0648–XE144
                                           baseline amount of large medium and                     underharvest from the previous year, or
                                                                                                                                                         Fisheries of the Exclusive Economic
                                           giant bluefin tuna that may be caught,                  annual reallocation of Purse Seine
                                                                                                                                                         Zone Off Alaska; Several Groundfish
                                           retained, possessed, or landed by                       category quota as described under
                                                                                                                                                         Species in the Bering Sea and Aleutian
                                           vessels that possess Atlantic Tunas                     paragraph (a)(4)(v) of this section.
                                                                                                                                                         Islands Management Area
                                           Purse Seine category permits is 184.3                   Consistent with paragraphs (a)(8)
                                           mt, unless adjusted as a result of                      through (10) of this section, NMFS may                AGENCY:  National Marine Fisheries
                                           inseason and/or annual adjustments to                   allocate any portion of the Reserve                   Service (NMFS), National Oceanic and
                                           quotas as specified in paragraphs (a)(9)                category quota for inseason or annual                 Atmospheric Administration (NOAA),
                                           and (10) of this section; or adjusted                   adjustments to any fishing category                   Commerce.
                                           (prior to allocation to individual                      quota.                                                ACTION: Temporary rule; apportionment
                                           participants) based on the previous                        (ii) The total amount of school bluefin            of reserves; request for comments.
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                                           year’s catch as described under                         tuna that is held in reserve for inseason
                                           paragraph (a)(4)(v) of this section.                    or annual adjustments and fishery-                    SUMMARY:   NMFS apportions amounts of
                                           Annually, NMFS will make a                              independent research is 18.5 percent                  the non-specified reserve to the initial
                                           determination when the Purse Seine                      (20.1 mt) of the total school bluefin tuna            total allowable catch (ITAC) of Bering
                                           fishery will start, based on variations in              Angling category quota as described                   Sea and Aleutian Islands (BSAI)
                                           seasonal distribution, abundance or                     under paragraph (a)(2) of this section.               northern rockfish, BSAI squids, Bering


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                                                              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations                                              52205

                                           Sea (BS) Greenland turbot, and BS                       Fishery Management Council under                      the ITAC is increased to the full TAC of
                                           Pacific ocean perch in the BSAI                         authority of the Magnuson-Stevens                     8,021 mt for BS Pacific ocean perch.
                                           management area. This action is                         Fishery Conservation and Management
                                                                                                                                                         Classification
                                           necessary to allow the fisheries to                     Act. Regulations governing fishing by
                                           continue operating. It is intended to                   U.S. vessels in accordance with the FMP                  This action responds to the best
                                           promote the goals and objectives of the                 appear at subpart H of 50 CFR part 600                available information recently obtained
                                           fishery management plan for the BSAI                    and 50 CFR part 679.                                  from the fishery. The Assistant
                                           management area.                                           The 2015 ITAC of BSAI northern                     Administrator for Fisheries, NOAA,
                                           DATES: Effective August 27, 2015,                       rockfish was established as 2,763 metric              (AA) finds good cause to waive the
                                           through 2400 hrs, Alaska local time,                    tons (mt), the 2015 ITAC of BSAI squids               requirement to provide prior notice and
                                           December 31, 2015. Comments must be                     was established as 340 mt, the 2015                   opportunity for public comment
                                           received at the following address no                    ITAC of BS Greenland turbot was                       pursuant to the authority set forth at 5
                                           later than 4:30 p.m., Alaska local time,                established as 2,081 mt, and the 2015                 U.S.C. 553(b)(B) and
                                           September 11, 2015.                                     ITAC of BS Pacific ocean perch was                    § 679.20(b)(3)(iii)(A) as such a
                                           ADDRESSES: You may submit comments                      established as 6,818 mt by the final 2015             requirement is impracticable and
                                           on this document, identified by FDMS                    and 2016 harvest specifications for                   contrary to the public interest. This
                                           Docket Number NOAA–NMFS–2014–                           groundfish of the BSAI (80 FR 11919,                  requirement is impracticable and
                                           0134 by any of the following methods:                   March 5, 2015). In accordance with                    contrary to the public interest as it
                                              • Electronic Submission: Submit all                  § 679.20(a)(3) the Regional                           would prevent NMFS from responding
                                           electronic public comments via the                      Administrator, Alaska Region, NMFS,                   to the most recent fisheries data in a
                                           Federal e-Rulemaking Portal. Go to,                     has reviewed the most current available               timely fashion and would delay the
                                           http://www.regulations.gov/                             data and finds that the ITACs for BSAI                apportionment of the non-specified
                                           #!docketDetail;D=NOAA-NMFS-2014-                        northern rockfish, BSAI squids, BS                    reserves of groundfish to the BSAI
                                           0134, click the ‘‘Comment Now!’’ icon,                  Greenland turbot, and BS Pacific ocean                northern rockfish, BSAI squids, BS
                                           complete the required fields, and enter                 perch need to be supplemented from the                Greenland turbot, and BS Pacific ocean
                                           or attach your comments.                                non-specified reserve to promote                      perch fisheries in the BSAI. Immediate
                                              • Mail: Submit written comments to                   efficiency in the utilization of fishery              notification is necessary to allow for the
                                           Glenn Merrill, Assistant Regional                       resources in the BSAI and allow fishing               orderly conduct and efficient operation
                                           Administrator, Sustainable Fisheries                    operations to continue.                               of this fishery, to allow the industry to
                                           Division, Alaska Region NMFS, Attn:                                                                           plan for the fishing season, and to avoid
                                           Ellen Sebastian. Mail comments to P.O.                     Therefore, in accordance with                      potential disruption to the fishing fleet
                                           Box 21668, Juneau, AK 99802–1668.                       § 679.20(b)(3), NMFS apportions from                  and processors. NMFS was unable to
                                              Instructions: Comments sent by any                   the non-specified reserve of groundfish               publish a notice providing time for
                                           other method, to any other address or                   3,500 mt to the BSAI northern rockfish                public comment because the most
                                           individual, or received after the end of                ITAC, 1,630 mt to the BSAI squids                     recent, relevant data only became
                                           the comment period, may not be                          ITAC, 105 mt to the BS Greenland                      available as of August 21, 2015.
                                           considered by NMFS. All comments                        turbot ITAC, and 1,203 mt to the BS                      The AA also finds good cause to
                                           received are a part of the public record                Pacific ocean perch ITAC. These                       waive the 30-day delay in the effective
                                           and will generally be posted for public                 apportionments are consistent with                    date of this action under 5 U.S.C.
                                           viewing on www.regulations.gov                          § 679.20(b)(1)(i) and do not result in                553(d)(3). This finding is based upon
                                           without change. All personal identifying                overfishing of any target species because             the reasons provided above for waiver of
                                           information (e.g., name, address, etc.),                the revised ITACs and total allowable                 prior notice and opportunity for public
                                           confidential business information, or                   catch (TAC) are equal to or less than the             comment.
                                           otherwise sensitive information                         specifications of the acceptable                         Under § 679.20(b)(3)(iii), interested
                                           submitted voluntarily by the sender will                biological catch in the final 2015 and                persons are invited to submit written
                                           be publicly accessible. NMFS will                       2016 harvest specifications for                       comments on this action (see
                                           accept anonymous comments (enter ‘‘N/                   groundfish in the BSAI (80 FR 11919,                  ADDRESSES) until September 11, 2015.
                                           A’’ in the required fields if you wish to               March 5, 2015).                                         This action is required by § 679.20
                                           remain anonymous).                                         The harvest specification for the 2015             and is exempt from review under
                                           FOR FURTHER INFORMATION CONTACT:                        ITACs and TACs included in the harvest                Executive Order 12866.
                                           Steve Whitney, 907–586–7228.                            specifications for groundfish in the                    Authority: 16 U.S.C. 1801, et seq.
                                           SUPPLEMENTARY INFORMATION: NMFS                         BSAI are revised as follows: The ITAC
                                           manages the groundfish fishery in the                   and TAC is increased to 6,263 mt for                    Dated: August 24, 2015.
                                           (BSAI) exclusive economic zone                          BSAI northern rockfish and 1,970 mt for               Emily H. Menashes,
                                           according to the Fishery Management                     BSAI squids. The ITAC is increased to                 Acting Director, Office of Sustainable
                                           Plan for Groundfish of the Bering Sea                   the full TAC of 2,448 mt for BS                       Fisheries, National Marine Fisheries Service.
                                           and Aleutian Islands Management Area                    Greenland turbot, including 262 tons of               [FR Doc. 2015–21272 Filed 8–27–15; 8:45 am]
                                           (FMP) prepared by the North Pacific                     Community Development Quota. And,                     BILLING CODE 3510–22–P
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Document Created: 2015-12-15 11:04:56
Document Modified: 2015-12-15 11:04:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; apportionment of reserves; request for comments.
DatesEffective August 27, 2015, through 2400 hrs, Alaska local time,
ContactSteve Whitney, 907-586-7228.
FR Citation80 FR 52204 
RIN Number0648-XE14

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