80_FR_61002 80 FR 60807 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

80 FR 60807 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 195 (October 8, 2015)

Page Range60807-60808
FR Document2015-25676

NMFS is reallocating the projected unused amount of the 2015 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperative allocations in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2015 total allowable catch of Atka mackerel in the BSAI to be fully harvested.

Federal Register, Volume 80 Issue 195 (Thursday, October 8, 2015)
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Rules and Regulations]
[Pages 60807-60808]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25676]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE224


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Atka Mackerel 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 reallocating the projected unused amount of the 2015 
Atka mackerel incidental catch allowance (ICA) for the Bering Sea 
subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 
cooperative allocations in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to allow the 2015 
total allowable catch of Atka mackerel in the BSAI to be fully 
harvested.

DATES: Effective 12 hrs Alaska local time (A.l.t.), October 5, 2015 
through 2400 hrs, A.l.t., December 31, 2015.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
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 Atka mackerel ICA for the BS/EAI is 1,000 metric tons (mt) 
and 2015 Atka mackerel total allowable catch allocated to the Amendment 
80 cooperatives is 20,696 mt as established by the final 2015 and 2016 
harvest specifications for groundfish in the BSAI (80 FR 11919, March 
5, 2015).
    The Administrator, Alaska Region, NMFS, has determined that 700 mt 
of the Atka mackerel ICA for the BS/EAI will not be harvested. 
Therefore, in accordance with Sec.  679.91(f), NMFS reallocates 700 mt 
of Atka mackerel from the BS/EAI ICA to the Amendment 80 cooperatives 
in the BSAI. In accordance with Sec.  679.91(f), NMFS will reissue 
cooperative quota permits for the reallocated Atka mackerel following 
the procedures set forth in Sec.  679.91(f)(3).
    The harvest specifications for Atka mackerel included in the 
harvest specifications for groundfish in the BSAI (80 FR 11919, March 
5, 2015) are revised as follows: 300 mt of Atka mackerel for the BS/EAI 
ICA and 21,395 mt of Atka mackerel for the Amendment 80 cooperative 
allocations in the BS/EAI. Table 6 is revised and republished in its 
entirety as follows:

[[Page 60808]]



 Table 6--Final 2015 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                             Amendment 80 Allocations of the BSAI Atka Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                        2015 Allocation by area
                                                     -----------------------------------------------------------
            Sector 1                 Season 2 3 4      Eastern Aleutian
                                                        District/Bering    Central Aleutian    Western Aleutian
                                                              Sea             District 5           District
----------------------------------------------------------------------------------------------------------------
TAC.............................  n/a...............              27,000              17,000              10,500
CDQ reserve.....................  Total.............               2,889               1,819               1,124
                                  A.................               1,445                 910                 562
                                  Critical Habitat..                 n/a                 546                 337
                                  B.................               1,445                 910                 562
                                  Critical Habitat..                 n/a                 546                 337
ICA.............................  Total.............                 300                  75                  40
Jig 6...........................  Total.............                 116                   0                   0
BSAI trawl limited access.......  Total.............               2,301               1,511                   0
                                  A.................               1,150                 755                   0
                                  Critical Habitat..                 n/a                 453                   0
                                  B.................               1,150                 755                   0
                                  Critical Habitat..                 n/a                 453                   0
Amendment 80 sectors............  Total.............              21,395              13,595               9,337
                                  A.................              10,697               6,798               4,668
                                  B.................              10,697               6,798               4,668
Alaska Groundfish Cooperative...  Total 6...........              12,030               8,111               5,741
                                  A.................               6,015               4,056               2,871
                                  Critical Habitat..                 n/a               2,433               1,722
                                  B.................               6,015               4,056               2,871
                                  Critical Habitat..                 n/a               2,433               1,722
Alaska Seafood Cooperative......  Total 6...........               9,365               5,484               3,595
                                  A.................               4,683               2,742               1,798
                                  Critical Habitat..                 n/a               1,645               1,079
                                  B.................               4,683               2,742               1,798
                                  Critical Habitat..                 n/a               1,645               1,079
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear
  allocation, and ICAs to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679
  and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.  Sec.
  679.20(b)(1)(ii)(C) and 679.31).
\2\ Regulations at Sec.  Sec.   679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for
  the Atka mackerel fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
  be caught inside of critical habitat; (a)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B
  seasons as defined at Sec.   679.23(e)(3); and (a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more
  than 65 percent of ABC.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea
  subarea TAC be allocated to jig gear after subtracting the CDQ reserve and ICA. The amount of this allocation
  is 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

    This will enhance the socioeconomic well-being of harvesters 
dependent upon Atka mackerel in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) The 
current catch of Atka mackerel ICA in the BS/EAI, (2) the harvest 
capacity and stated intent on future harvesting patterns of the 
Amendment 80 cooperatives that participate in this BS/EAI fishery.

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 reallocation of Atka mackerel from the BS/EAI ICA to 
the Amendment 80 cooperatives in the BSAI. Since the fishery is 
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 25, 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.  679.91 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 5, 2015
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-25676 Filed 10-5-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                                              Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations                                                          60807

                                           List of Subjects in 40 CFR Part 52                          Dated: September 24, 2015.                                      Authority: 42 U.S.C. 7401 et seq.
                                                                                                     Heather McTeer Toney,
                                             Environmental protection, Air                           Regional Administrator, Region 4.                             Subpart S—Kentucky
                                           pollution control, Incorporation by
                                           reference, Intergovernmental relations,                     40 CFR parts 52 is amended as                               ■  2. In § 52.920, table 1 in paragraph (c)
                                           Nitrogen dioxide, Ozone, Particulate                      follows:                                                      is amended under Chapter 51 by
                                           matter, Reporting and recordkeeping                       PART 52—APPROVAL AND                                          revising the entry for ‘‘401 KAR 51:052’’
                                           requirements and Volatile organic                         PROMULGATION OF                                               to read of follows:
                                           compounds.                                                IMPLEMENTATION PLANS                                          § 52.920    Identification of plan.
                                                                                                     ■ 1. The authority citation for part 52                       *       *    *        *    *
                                                                                                     continues to read as follows:                                     (c) * * *
                                                                                            TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
                                                                                                                                                     State effective           EPA approval
                                                   State citation                                     Title/subject                                                                                      Explanation
                                                                                                                                                          date                    date


                                                      *                        *                         *                          *                       *                        *                     *

                                                                          Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards


                                                   *                          *                 *                  *                                         *                      *                      *
                                           401 KAR 51:052 ................    Review of new sources in or impacting nonattain-                          8/4/2011         10/8/2015 [Insert Federal
                                                                                ment areas.                                                                                Register citation]

                                                      *                        *                         *                          *                       *                        *                     *



                                           *      *       *       *      *                           subarea and Eastern Aleutian district                         2015 Atka mackerel total allowable
                                           [FR Doc. 2015–25575 Filed 10–7–15; 8:45 am]               (BS/EAI) to the Amendment 80                                  catch allocated to the Amendment 80
                                           BILLING CODE 6560–50–P                                    cooperative allocations in the Bering                         cooperatives is 20,696 mt as established
                                                                                                     Sea and Aleutian Islands management                           by the final 2015 and 2016 harvest
                                                                                                     area (BSAI). This action is necessary to                      specifications for groundfish in the
                                           DEPARTMENT OF COMMERCE                                    allow the 2015 total allowable catch of                       BSAI (80 FR 11919, March 5, 2015).
                                                                                                     Atka mackerel in the BSAI to be fully
                                                                                                                                                                     The Administrator, Alaska Region,
                                           National Oceanic and Atmospheric                          harvested.
                                                                                                                                                                   NMFS, has determined that 700 mt of
                                           Administration                                            DATES: Effective 12 hrs Alaska local time
                                                                                                                                                                   the Atka mackerel ICA for the BS/EAI
                                                                                                     (A.l.t.), October 5, 2015 through 2400                        will not be harvested. Therefore, in
                                           50 CFR Part 679                                           hrs, A.l.t., December 31, 2015.
                                                                                                                                                                   accordance with § 679.91(f), NMFS
                                           [Docket No. 141021887–5172–02]                            FOR FURTHER INFORMATION CONTACT:                              reallocates 700 mt of Atka mackerel
                                                                                                     Steve Whitney, 907–586–7228.                                  from the BS/EAI ICA to the Amendment
                                           RIN 0648–XE224
                                                                                                     SUPPLEMENTARY INFORMATION: NMFS                               80 cooperatives in the BSAI. In
                                           Fisheries of the Exclusive Economic                       manages the groundfish fishery in the                         accordance with § 679.91(f), NMFS will
                                           Zone Off Alaska; Reallocation of Atka                     BSAI according to the Fishery                                 reissue cooperative quota permits for
                                           Mackerel in the Bering Sea and                            Management Plan for Groundfish of the                         the reallocated Atka mackerel following
                                           Aleutian Islands Management Area                          Bering Sea and Aleutian Islands                               the procedures set forth in § 679.91(f)(3).
                                                                                                     Management Area (FMP) prepared by
                                           AGENCY:  National Marine Fisheries                        the North Pacific Fishery Management                            The harvest specifications for Atka
                                           Service (NMFS), National Oceanic and                      Council under authority of the                                mackerel included in the harvest
                                           Atmospheric Administration (NOAA),                        Magnuson-Stevens Fishery                                      specifications for groundfish in the
                                           Commerce.                                                 Conservation and Management Act.                              BSAI (80 FR 11919, March 5, 2015) are
                                           ACTION: Temporary rule; reallocation.                     Regulations governing fishing by U.S.                         revised as follows: 300 mt of Atka
                                                                                                     vessels in accordance with the FMP                            mackerel for the BS/EAI ICA and 21,395
                                           SUMMARY:  NMFS is reallocating the                        appear at subpart H of 50 CFR part 600                        mt of Atka mackerel for the Amendment
                                           projected unused amount of the 2015                       and 50 CFR part 679.                                          80 cooperative allocations in the BS/
                                           Atka mackerel incidental catch                              The 2015 Atka mackerel ICA for the                          EAI. Table 6 is revised and republished
                                           allowance (ICA) for the Bering Sea                        BS/EAI is 1,000 metric tons (mt) and                          in its entirety as follows:
Lhorne on DSK5TPTVN1PROD with RULES




                                      VerDate Sep<11>2014     14:46 Oct 07, 2015   Jkt 238001   PO 00000     Frm 00013   Fmt 4700       Sfmt 4700   E:\FR\FM\08OCR1.SGM     08OCR1


                                           60808                   Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations

                                                  TABLE 6—FINAL 2015 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
                                                             ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
                                                                                                                                    [Amounts are in metric tons]

                                                                                                                                                                                             2015 Allocation by area
                                                                  Sector 1                                                   Season 2 3 4                               Eastern Aleutian         Central Aleutian      Western Aleutian
                                                                                                                                                                       District/Bering Sea          District 5             District

                                           TAC .....................................................     n/a .......................................................               27,000                   17,000               10,500
                                           CDQ reserve .......................................           Total ....................................................                 2,889                    1,819                1,124
                                                                                                         A .........................................................                1,445                      910                  562
                                                                                                         Critical Habitat ....................................                        n/a                      546                  337
                                                                                                         B .........................................................                1,445                      910                  562
                                                                                                         Critical Habitat ....................................                        n/a                      546                  337
                                           ICA ......................................................    Total ....................................................                   300                       75                   40
                                           Jig 6 .....................................................   Total ....................................................                   116                        0                    0
                                           BSAI trawl limited access ...................                 Total ....................................................                 2,301                    1,511                    0
                                                                                                         A .........................................................                1,150                      755                    0
                                                                                                         Critical Habitat ....................................                        n/a                      453                    0
                                                                                                         B .........................................................                1,150                      755                    0
                                                                                                         Critical Habitat ....................................                        n/a                      453                    0
                                           Amendment 80 sectors .......................                  Total ....................................................                21,395                   13,595                9,337
                                                                                                         A .........................................................               10,697                    6,798                4,668
                                                                                                         B .........................................................               10,697                    6,798                4,668
                                           Alaska Groundfish Cooperative ..........                      Total 6 ..................................................                12,030                    8,111                5,741
                                                                                                         A .........................................................                6,015                    4,056                2,871
                                                                                                         Critical Habitat ....................................                        n/a                    2,433                1,722
                                                                                                         B .........................................................                6,015                    4,056                2,871
                                                                                                         Critical Habitat ....................................                        n/a                    2,433                1,722
                                           Alaska Seafood Cooperative ..............                     Total 6 ..................................................                 9,365                    5,484                3,595
                                                                                                         A .........................................................                4,683                    2,742                1,798
                                                                                                         Critical Habitat ....................................                        n/a                    1,645                1,079
                                                                                                         B .........................................................                4,683                    2,742                1,798
                                                                                                         Critical Habitat ....................................                        n/a                    1,645                1,079
                                              1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear allocation, and ICAs to the Amend-
                                           ment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited ac-
                                           cess sectors is established in Table 33 to part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
                                           §§ 679.20(b)(1)(ii)(C) and 679.31).
                                              2 Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
                                              3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
                                              4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
                                           season from June 10 to December 31.
                                              5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of critical habi-
                                           tat; (a)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and (a)(8)(ii)(C)(2) requires the
                                           TAC in Area 543 shall be no more than 65 percent of ABC.
                                              6 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear
                                           after subtracting the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
                                              Note: Seasonal or sector apportionments may not total precisely due to rounding.


                                             This will enhance the socioeconomic                                      interest. This requirement is                                       The AA also finds good cause to
                                           well-being of harvesters dependent                                         impracticable and contrary to the public                          waive the 30-day delay in the effective
                                           upon Atka mackerel in this area. The                                       interest as it would prevent NMFS from                            date of this action under 5 U.S.C.
                                           Regional Administrator considered the                                      responding to the most recent fisheries                           553(d)(3). This finding is based upon
                                           following factors in reaching this                                         data in a timely fashion and would                                the reasons provided above for waiver of
                                           decision: (1) The current catch of Atka                                    delay the reallocation of Atka mackerel                           prior notice and opportunity for public
                                           mackerel ICA in the BS/EAI, (2) the                                        from the BS/EAI ICA to the Amendment                              comment.
                                           harvest capacity and stated intent on                                      80 cooperatives in the BSAI. Since the
                                           future harvesting patterns of the                                                                                                              This action is required by § 679.91
                                                                                                                      fishery is currently open, it is important                        and is exempt from review under
                                           Amendment 80 cooperatives that
                                                                                                                      to immediately inform the industry as to                          Executive Order 12866.
                                           participate in this BS/EAI fishery.
                                                                                                                      the revised allocations. Immediate
                                           Classification                                                                                                                                    Authority: 16 U.S.C. 1801 et seq.
                                                                                                                      notification is necessary to allow for the
                                              This action responds to the best                                        orderly conduct and efficient operation                             Dated: October 5, 2015
                                           available information recently obtained                                    of this fishery, to allow the industry to                         Emily H. Menashes,
                                           from the fishery. The Assistant                                            plan for the fishing season, and to avoid                         Acting Director, Office of Sustainable
                                           Administrator for Fisheries, NOAA                                          potential disruption to the fishing fleet                         Fisheries, National Marine Fisheries Service.
Lhorne on DSK5TPTVN1PROD with RULES




                                           (AA), finds good cause to waive the                                        as well as processors. NMFS was unable                            [FR Doc. 2015–25676 Filed 10–5–15; 4:15 pm]
                                           requirement to provide prior notice and                                    to publish a notice providing time for                            BILLING CODE 3510–22–P
                                           opportunity for public comment                                             public comment because the most
                                           pursuant to the authority set forth at 5                                   recent, relevant data only became
                                           U.S.C. 553(b)(B) as such requirement is                                    available as of September 25, 2015.
                                           impracticable and contrary to the public


                                      VerDate Sep<11>2014         14:46 Oct 07, 2015         Jkt 238001      PO 00000        Frm 00014       Fmt 4700       Sfmt 9990    E:\FR\FM\08OCR1.SGM      08OCR1



Document Created: 2015-12-15 08:42:39
Document Modified: 2015-12-15 08:42:39
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 12 hrs Alaska local time (A.l.t.), October 5, 2015 through 2400 hrs, A.l.t., December 31, 2015.
ContactSteve Whitney, 907-586-7228.
FR Citation80 FR 60807 
RIN Number0648-XE22

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR