80_FR_55741 80 FR 55562 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

80 FR 55562 - 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 179 (September 16, 2015)

Page Range55562-55563
FR Document2015-23276

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 179 (Wednesday, September 16, 2015)
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Rules and Regulations]
[Pages 55562-55563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23276]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE183


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.

-----------------------------------------------------------------------

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 September 16, 2015 through 2400 hours, 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 the BSAI are 2,420 metric tons (mt), 7,535 mt, and 15,993 
mt as established by the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015) and following 
revisions (80 FR 38017, July 2, 2015 and 80 FR 52673, September 1, 
2015). The 2015 flathead sole, rock sole, and yellowfin sole CDQ ABC 
reserves are 4,656 mt, 11,907 mt, and 10,629 mt as established by the 
final 2015 and 2016 harvest specifications for groundfish in the BSAI 
(80 FR 11919, March 5, 2015) and following revisions (80 FR 38017, July 
2, 2015 and 80 FR 52673, September 1, 2015).
    The Aleutian Pribilof Islands Community Development Association has 
requested that NMFS exchange 100 mt of flathead sole and 450 mt of rock 
sole CDQ reserves for 550 mt of yellowfin sole CDQ ABC reserves under 
Sec.  679.31(d). Therefore, in accordance with Sec.  679.31(d), NMFS 
exchanges 100 mt of flathead sole and 450 mt of rock sole CDQ reserves 
for 550 mt of yellowfin 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) and following revisions (80 FR 38017, July 2, 2015 and 80 FR 
52673, September 1, 2015) are further revised as follows:

[[Page 55563]]



 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          23,975          68,925         149,600
CDQ.....................................................             856             749             963           2,320           7,085          16,543
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 yellowfin   2016 flathead                  2016 yellowfin
                         Sector                                sole       2015 rock sole       sole            sole       2016 rock sole       sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          66,130         181,700         248,800          63,711         164,800         245,500
TAC.....................................................          23,975          68,925         149,600          24,250          69,250         149,000
ABC surplus.............................................          42,155         112,775          99,200          39,461          95,550          96,500
ABC reserve.............................................          42,155         112,775          99,200          39,461          95,550          96,500
CDQ ABC reserve.........................................           4,756          12,357          10,079           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 Aleutian Pribilof Islands 
Community 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 
September 8, 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: September 11, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-23276 Filed 9-15-15; 8:45 am]
BILLING CODE 3510-22-P



                                           55562        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

                                           overharvest or underharvest of the                      ACLs. The catch data used to justify                  Islands management area to be
                                           common pool quotas. On June 15, 2015,                   increasing the possession and trip limit              harvested.
                                           we adjusted the possession and trip                     for GOM cod only recently became
                                                                                                                                                         DATES:  Effective September 16, 2015
                                           limit for Gulf of Maine (GOM) cod to                    available. The possession and trip limit
                                                                                                                                                         through 2400 hours, A.l.t., December 31,
                                           zero for the remainder of the fishing                   increase implemented through this
                                                                                                                                                         2015.
                                           year, out of an abundance of caution, to                action allows for increased harvest of
                                           reduce the effort that had been directed                GOM cod, to help ensure that the                      FOR FURTHER INFORMATION CONTACT:
                                           on cod, to prevent the common pool                      fishery may achieve the optimum yield                 Steve Whitney, 907–586–7228.
                                           from exceeding its Trimester 1 quota for                (OY) for this stock. As a result, the time            SUPPLEMENTARY INFORMATION: NMFS
                                           the stock, and to avoid triggering the                  necessary to provide for prior notice and             manages the groundfish fishery in the
                                           closure of portions of the Gulf of Maine,               comment, and a 30-day delay in                        Bering Sea and Aleutian Islands
                                           which is mandatory if 90 percent of the                 effectiveness, would prevent us from                  management area (BSAI) according to
                                           trimester quota is reached. Although the                increasing the possession and trip limit              the Fishery Management Plan for
                                           zero possession limit was set for the                   for GOM cod in a timely manner, which                 Groundfish of the Bering Sea and
                                           remainder of the fishing year, this does                could prevent the fishery from                        Aleutian Islands Management Area
                                           not prevent the RA from subsequently                    achieving the OY. This would                          (FMP) prepared by the North Pacific
                                           increasing it to prevent underharvest of                undermine management objectives of                    Fishery Management Council under
                                           the stock.                                              the Northeast Multispecies Fishery                    authority of the Magnuson-Stevens
                                              As of August 25, 2015, the common                    Management Plan and cause                             Fishery Conservation and Management
                                           pool had caught approximately 31                        unnecessary negative economic impacts                 Act. Regulations governing fishing by
                                           percent of its sub-annual catch limit                   to the common pool fishery. There is                  U.S. vessels in accordance with the FMP
                                           (ACL) of GOM cod. To allow the                          additional good cause to waive the                    appear at subpart H of 50 CFR part 600
                                           common pool fishery to catch more of                    delayed effective period because this                 and 50 CFR part 679.
                                           its quota for this stock, effective                     action relieves restrictions on fishing                 The 2015 flathead sole, rock sole, and
                                           September 16, 2015, the trip limit of                   vessels by increasing a trip limit.                   yellowfin sole CDQ reserves specified in
                                           GOM cod for all common pool vessels
                                                                                                     Authority: 16 U.S.C. 1801 et seq.                   the BSAI are 2,420 metric tons (mt),
                                           is increased from 0 lb per trip, to 25 lb
                                                                                                     Dated: September 11, 2015.
                                                                                                                                                         7,535 mt, and 15,993 mt as established
                                           (11.3 kg) per trip. Allowing landings of
                                                                                                                                                         by the final 2015 and 2016 harvest
                                           incidentally caught GOM cod up to 25                    Emily H. Menashes,
                                                                                                                                                         specifications for groundfish in the
                                           lb (11.3 kg) is projected to prevent                    Acting Director, Office of Sustainable                BSAI (80 FR 11919, March 5, 2015) and
                                           overharvest while reducing discards.                    Fisheries, National Marine Fisheries Service.
                                                                                                                                                         following revisions (80 FR 38017, July 2,
                                              Weekly quota monitoring reports for                  [FR Doc. 2015–23277 Filed 9–15–15; 8:45 am]
                                                                                                                                                         2015 and 80 FR 52673, September 1,
                                           the common pool fishery can be found                    BILLING CODE 3510–22–P                                2015). The 2015 flathead sole, rock sole,
                                           on our Web site at: http://
                                                                                                                                                         and yellowfin sole CDQ ABC reserves
                                           www.greateratlantic.fisheries.noaa.gov/
                                                                                                                                                         are 4,656 mt, 11,907 mt, and 10,629 mt
                                           ro/fso/MultiMonReports.htm. We will                     DEPARTMENT OF COMMERCE                                as established by the final 2015 and
                                           continue to monitor common pool catch
                                                                                                   National Oceanic and Atmospheric                      2016 harvest specifications for
                                           through vessel trip reports, dealer-
                                                                                                   Administration                                        groundfish in the BSAI (80 FR 11919,
                                           reported landings, vessel monitoring
                                                                                                                                                         March 5, 2015) and following revisions
                                           system catch reports, and other
                                                                                                   50 CFR Part 679                                       (80 FR 38017, July 2, 2015 and 80 FR
                                           available information and, if necessary,
                                                                                                                                                         52673, September 1, 2015).
                                           we will make additional adjustments to
                                           common pool management measures.                        [Docket No. 141021887–5172–02]                          The Aleutian Pribilof Islands
                                                                                                                                                         Community Development Association
                                           Classification                                          RIN 0648–XE183                                        has requested that NMFS exchange 100
                                             This action is required by 50 CFR part                                                                      mt of flathead sole and 450 mt of rock
                                                                                                   Fisheries of the Exclusive Economic
                                           648 and is exempt from review under                                                                           sole CDQ reserves for 550 mt of
                                                                                                   Zone Off Alaska; Exchange of Flatfish
                                           Executive Order 12866.                                                                                        yellowfin sole CDQ ABC reserves under
                                                                                                   in the Bering Sea and Aleutian Islands
                                             The Assistant Administrator for                                                                             § 679.31(d). Therefore, in accordance
                                                                                                   Management Area
                                           Fisheries, NOAA, finds good cause                                                                             with § 679.31(d), NMFS exchanges 100
                                           pursuant to 5 U.S.C. 553(b)(B) and 5                    AGENCY:  National Marine Fisheries                    mt of flathead sole and 450 mt of rock
                                           U.S.C. 553(d)(3) to waive prior notice                  Service (NMFS), National Oceanic and                  sole CDQ reserves for 550 mt of
                                           and the opportunity for public comment                  Atmospheric Administration (NOAA),                    yellowfin sole CDQ ABC reserves in the
                                           and the 30-day delayed effectiveness                    Commerce.                                             BSAI. This action also decreases and
                                           period because it would be                              ACTION: Temporary rule; reallocation.                 increases the TACs and CDQ ABC
                                           impracticable and contrary to the public                                                                      reserves by the corresponding amounts.
                                           interest.                                               SUMMARY:   NMFS is exchanging unused                  Tables 11 and 13 of the final 2015 and
                                             The regulations at § 648.86(o)                        Community Development Quota (CDQ)                     2016 harvest specifications for
                                           authorize the RA to adjust the Northeast                for CDQ acceptable biological catch                   groundfish in the BSAI (80 FR 11919,
                                           multispecies possession and trip limits                 (ABC) reserves. This action is necessary              March 5, 2015) and following revisions
                                           for common pool vessels in order to                     to allow the 2015 total allowable catch               (80 FR 38017, July 2, 2015 and 80 FR
                                           prevent the overharvest or underharvest                 of flathead sole, rock sole, and yellowfin            52673, September 1, 2015) are further
                                           of the pertinent common pool sub-                       sole in the Bering Sea and Aleutian                   revised as follows:
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                                                             Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations                                                        55563

                                            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          23,975              68,925          149,600
                                           CDQ .........................................................                  856               749                 963           2,320               7,085           16,543
                                           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 yellowfin    2016 flathead                        2016 yellowfin
                                                                     Sector                                                     2015 rock sole                                            2016 rock sole
                                                                                                                 sole                                   sole              sole                                 sole

                                           ABC ..........................................................           66,130             181,700             248,800           63,711             164,800          245,500
                                           TAC ..........................................................           23,975              68,925             149,600           24,250              69,250          149,000
                                           ABC surplus .............................................                42,155             112,775              99,200           39,461              95,550           96,500
                                           ABC reserve .............................................                42,155             112,775              99,200           39,461              95,550           96,500
                                           CDQ ABC reserve ...................................                       4,756              12,357              10,079            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                                                         Aleutian Pribilof Islands Community                   date of this action under 5 U.S.C.
                                                                                                                  Development Association in the BSAI.                  553(d)(3). This finding is based upon
                                              This action responds to the best                                    Since these fisheries are currently open,             the reasons provided above for waiver of
                                           available information recently obtained                                it is important to immediately inform                 prior notice and opportunity for public
                                           from the fishery. The Assistant                                        the industry as to the revised                        comment.
                                           Administrator for Fisheries, NOAA                                      allocations. Immediate notification is
                                           (AA), finds good cause to waive the                                                                                            This action is required by § 679.20
                                                                                                                  necessary to allow for the orderly
                                           requirement to provide prior notice and                                conduct and efficient operation of this               and is exempt from review under
                                           opportunity for public comment                                         fishery, to allow the industry to plan for            Executive Order 12866.
                                           pursuant to the authority set forth at 5                               the fishing season, and to avoid                        Authority: 16 U.S.C. 1801 et seq.
                                           U.S.C. 553(b)(B) as such requirement is                                potential disruption to the fishing fleet               Dated: September 11, 2015.
                                           impracticable and contrary to the public                               as well as processors. NMFS was unable
                                           interest. This requirement is                                                                                                Emily H. Menashes,
                                                                                                                  to publish a notice providing time for
                                           impracticable and contrary to the public                               public comment because the most                       Acting Director, Office of Sustainable
                                           interest as it would prevent NMFS from                                 recent, relevant data only became                     Fisheries, National Marine Fisheries Service.
                                           responding to the most recent fisheries                                available as of September 8, 2015.                    [FR Doc. 2015–23276 Filed 9–15–15; 8:45 am]
                                           data in a timely fashion and would                                        The AA also finds good cause to                    BILLING CODE 3510–22–P
                                           delay the flatfish exchange by the                                     waive the 30-day delay in the effective
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Document Created: 2018-02-26 10:16:45
Document Modified: 2018-02-26 10:16:45
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; reallocation.
DatesEffective September 16, 2015 through 2400 hours, A.l.t., December 31, 2015.
ContactSteve Whitney, 907-586-7228.
FR Citation80 FR 55562 
RIN Number0648-XE18

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