80_FR_65870 80 FR 65663 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

80 FR 65663 - 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 207 (October 27, 2015)

Page Range65663-65665
FR Document2015-27274

NMFS is exchanging allocations of Amendment 80 cooperative quota (CQ) for Amendment 80 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 207 (Tuesday, October 27, 2015)
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65663-65665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27274]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE272


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 allocations of Amendment 80 cooperative 
quota (CQ) for Amendment 80 acceptable biological catch (ABC) reserves. 
This action is necessary to allow the 2015 total allowable catch of 
flathead sole, rock sole, and yellowfin

[[Page 65664]]

sole in the Bering Sea and Aleutian Islands management area to be 
harvested.

DATES: Effective October 27, 2015, through 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 Amendment 80 
allocations of the total allowable catch (TAC) specified in the BSAI 
are 11,035 metric tons (mt), 52,390 mt, and 118,962 mt as established 
by the final 2015 and 2016 harvest specifications for groundfish in the 
BSAI (80 FR 11919, March 5, 2015) and as revised (80 FR 60073, October 
5, 2015). The 2015 flathead sole, rock sole, and yellowfin sole 
Amendment 80 ABC reserves are 43,019 mt, 101,868 mt, and 82,051 mt as 
established by the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015) and as revised (80 
FR 60073, October 5, 2015).
    The Alaska Seafood cooperative has requested that NMFS exchange 600 
mt of flathead sole and 1,350 mt of rock sole Amendment 80 allocations 
of the TAC for 1,950 mt of yellowfin sole Amendment 80 ABC reserves 
under Sec.  679.91(i). Therefore, in accordance with Sec.  679.91(i), 
NMFS exchanges 600 mt of flathead sole and 1,350 mt of rock sole 
Amendment 80 allocations of the TAC for 1,950 mt of yellowfin sole 
Amendment 80 ABC reserves in the BSAI. This action also decreases and 
increases the TACs and Amendment 80 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 as revised (80 FR 60073, October 5, 2015) are further revised as 
follows:

 Table 11--Final 2015 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment
  80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin
                                                    Sole Tacs
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                             Pacific ocean perch             Flathead    Rock  sole   Yellowfin
                                   ---------------------------------------     sole    -------------     sole
              Sector                  Eastern      Central      Western   -------------             ------------
                                      Aleutian     Aleutian     Aleutian                    BSAI
                                      District     District     District       BSAI                      BSAI
----------------------------------------------------------------------------------------------------------------
TAC...............................        8,000        7,000        9,000       17,187       65,915      159,398
CDQ...............................          856          749          963        1,752        6,875       17,321
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       10,435       51,040      120,912
Alaska Groundfish Cooperative.....        3,362        2,947        4,171        1,708       13,318       44,455
Alaska Seafood Cooperative........        2,978        2,611        3,695        8,727       37,722       76,457
----------------------------------------------------------------------------------------------------------------
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.........................................            17,187            65,915           159,398            24,250            69,250           149,000
ABC surplus.................................            48,943           115,785            89,402            39,461            95,550            96,500
ABC reserve.................................            48,943           115,785            89,402            39,461            95,550            96,500
CDQ ABC reserve.............................             5,324            12,567             9,301             4,222            10,224            10,326
Amendment 80 ABC reserve....................            43,619           103,218            80,101            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\.....            39,783            78,378            44,693               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 Alaska Seafood cooperative the 
BSAI.

[[Page 65665]]

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 October 19, 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: October 22, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-27274 Filed 10-26-15; 8:45 am]
BILLING CODE 3510-22-P



                                                             Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations                                             65663

                                            encouraged to file a comment in                         approved by the Director of the Federal               COMAR 26.11.05—Air Pollution Episode
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                                            proposed rulemaking action. This action                 code_of_federal_regulations/ibr_                       Equipment, Stationary Internal
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                                            recordkeeping requirements, Sulfur                      814–5000; U.S. EPA, Region 4 (Florida                 COMAR 26.11.19—Volatile Organic
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                                              Accordingly, 40 CFR part 55 is                        part, which are applicable to sources of               Compounds from Adhesives and Sealants
                                            amended as follows:                                     air pollution located on the OCS, see                  (Effective as of November 12, 2010)
                                                                                                    appendix A to this part.                              COMAR 26.11.36—Distributed Generation
                                            PART 55—OUTER CONTINENTAL                               *       *     *    *    *                              (Effective as of June 13, 2011)
                                            SHELF AIR REGULATIONS                                                                                         *        *   *     *      *
                                                                                                       (10) Maryland.
                                            ■ 1. The authority citation for part 55                    (i) State requirements.                            [FR Doc. 2015–27158 Filed 10–26–15; 8:45 am]
                                            continues to read as follows:                              (A) State of Maryland Requirements                 BILLING CODE 6560–50–P
                                                                                                    Applicable to OCS Sources, January 8,
                                              Authority: Section 328 of the Clean Air Act
                                            (42 U.S.C. 7401, et seq.) as amended by
                                                                                                    2014.
                                            Public Law 101–549.                                        (B) [Reserved]                                     DEPARTMENT OF COMMERCE
                                                                                                       (ii) Local requirements.
                                            ■ 2. Section 55.14 is amended as                           (A) [Reserved]                                     National Oceanic and Atmospheric
                                            follows:                                                                                                      Administration
                                            ■ a. By adding paragraph (d)(10).
                                                                                                    *       *     *    *    *
                                            ■ b. By revising paragraph (e)                          ■ 3. In Appendix A to part 55, add an
                                                                                                                                                          50 CFR Part 679
                                            introductory text.                                      entry for Maryland in alphabetical order
                                            ■ c. By adding paragraph (e)(10).                       to read as follows:                                   [Docket No. 141021887–5172–02]

                                            § 55.14 Requirements that apply to OCS                  Appendix A to Part 55—Listing of State                RIN 0648–XE272
                                            sources located within 25 miles of States’              and Local Requirements Incorporated
                                            seaward boundaries, by State.                           by Reference Into Part 55, By State                   Fisheries of the Exclusive Economic
                                                                                                                                                          Zone Off Alaska; Exchange of Flatfish
                                            *      *    *     *    *                                *       *     *       *      *                        in the Bering Sea and Aleutian Islands
                                              (d) * * *                                               Maryland:
                                              (10) Maryland.                                                                                              Management Area
                                                                                                      (a) State requirements.
                                              (i) 40 CFR part 52, subpart V.                          (1) The following State of Maryland                 AGENCY:  National Marine Fisheries
                                              (ii) [Reserved]                                       requirements are applicable to OCS Sources,           Service (NMFS), National Oceanic and
                                            *      *    *     *    *                                January 8, 2014, State of Maryland-                   Atmospheric Administration (NOAA),
                                              (e) State and local requirements. State               Department of the Environment. The                    Commerce.
                                            and local requirements promulgated by                   following sections of Code of Maryland
                                                                                                    Regulations (COMAR) Title 26 Subtitle 11:             ACTION: Temporary rule; reallocation.
                                            EPA as applicable to OCS sources
                                            located within 25 miles of States’                      COMAR 26.11.01-—General Administrative                SUMMARY:   NMFS is exchanging
tkelley on DSK3SPTVN1PROD with RULES




                                            seaward boundaries have been compiled                     Provisions (Effective as of July 08, 2013)          allocations of Amendment 80
                                                                                                    COMAR 26.11.02—Permits, Approvals, and
                                            into separate documents organized by                      Registrations (Effective as of December 20,
                                                                                                                                                          cooperative quota (CQ) for Amendment
                                            State and local areas of jurisdiction.                    2012)                                               80 acceptable biological catch (ABC)
                                            These documents, set forth below, are                   COMAR 26.11.03—Permits, Approvals, and                reserves. This action is necessary to
                                            incorporated by reference. This                           Registration- Title V Permits (Effective as         allow the 2015 total allowable catch of
                                            incorporation by reference was                            of November 12, 2010)                               flathead sole, rock sole, and yellowfin


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                                            65664                   Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations

                                            sole in the Bering Sea and Aleutian                                         appear at subpart H of 50 CFR part 600                    The Alaska Seafood cooperative has
                                            Islands management area to be                                               and 50 CFR part 679.                                    requested that NMFS exchange 600 mt
                                            harvested.                                                                     The 2015 flathead sole, rock sole, and               of flathead sole and 1,350 mt of rock
                                                                                                                        yellowfin sole Amendment 80                             sole Amendment 80 allocations of the
                                            DATES: Effective October 27, 2015,
                                                                                                                        allocations of the total allowable catch                TAC for 1,950 mt of yellowfin sole
                                            through December 31, 2015.
                                                                                                                                                                                Amendment 80 ABC reserves under
                                            FOR FURTHER INFORMATION CONTACT:                                            (TAC) specified in the BSAI are 11,035
                                                                                                                                                                                § 679.91(i). Therefore, in accordance
                                            Steve Whitney, 907–586–7228.                                                metric tons (mt), 52,390 mt, and 118,962
                                                                                                                                                                                with § 679.91(i), NMFS exchanges 600
                                            SUPPLEMENTARY INFORMATION:    NMFS                                          mt as established by the final 2015 and                 mt of flathead sole and 1,350 mt of rock
                                            manages the groundfish fishery in the                                       2016 harvest specifications for                         sole Amendment 80 allocations of the
                                            Bering Sea and Aleutian Islands                                             groundfish in the BSAI (80 FR 11919,                    TAC for 1,950 mt of yellowfin sole
                                            management area (BSAI) according to                                         March 5, 2015) and as revised (80 FR                    Amendment 80 ABC reserves in the
                                            the Fishery Management Plan for                                             60073, October 5, 2015). The 2015                       BSAI. This action also decreases and
                                            Groundfish of the Bering Sea and                                            flathead sole, rock sole, and yellowfin                 increases the TACs and Amendment 80
                                            Aleutian Islands Management Area                                            sole Amendment 80 ABC reserves are                      ABC reserves by the corresponding
                                            (FMP) prepared by the North Pacific                                         43,019 mt, 101,868 mt, and 82,051 mt as                 amounts. Tables 11 and 13 of the final
                                            Fishery Management Council under                                            established by the final 2015 and 2016                  2015 and 2016 harvest specifications for
                                            authority of the Magnuson-Stevens                                           harvest specifications for groundfish in                groundfish in the BSAI (80 FR 11919,
                                            Fishery Conservation and Management                                         the BSAI (80 FR 11919, March 5, 2015)                   March 5, 2015) and as revised (80 FR
                                            Act. Regulations governing fishing by                                       and as revised (80 FR 60073, October 5,                 60073, October 5, 2015) are further
                                            U.S. vessels in accordance with the FMP                                     2015).                                                  revised as follows:

                                             TABLE 11—FINAL 2015 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
                                                AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
                                                SOLE, AND YELLOWFIN SOLE TACS
                                                                                                                                      [Amounts are in metric tons]

                                                                                                                                                   Pacific ocean perch                   Flathead          Rock         Yellowfin
                                                                                                                                                                                           sole            sole           sole
                                                                                  Sector                                                Eastern         Central          Western
                                                                                                                                        Aleutian        Aleutian         Aleutian            BSAI          BSAI          BSAI
                                                                                                                                        District        District         District

                                            TAC ..................................................................................          8,000            7,000           9,000             17,187         65,915      159,398
                                            CDQ .................................................................................             856              749             963              1,752          6,875       17,321
                                            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             10,435         51,040      120,912
                                            Alaska Groundfish Cooperative .......................................                           3,362            2,947           4,171              1,708         13,318       44,455
                                            Alaska Seafood Cooperative ...........................................                          2,978            2,611           3,695              8,727         37,722       76,457
                                               Note: Sector apportionments may not total precisely due to rounding.

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

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

                                            ABC ..................................                       66,130                       181,700             248,800                   63,711              164,800           245,500
                                            TAC ..................................                       17,187                        65,915             159,398                   24,250               69,250           149,000
                                            ABC surplus .....................                            48,943                       115,785              89,402                   39,461               95,550            96,500
                                            ABC reserve .....................                            48,943                       115,785              89,402                   39,461               95,550            96,500
                                            CDQ ABC reserve ...........                                   5,324                        12,567               9,301                    4,222               10,224            10,326
                                            Amendment 80 ABC re-
                                              serve .............................                        43,619                       103,218              80,101                   35,239               85,326            86,175
                                            Alaska Groundfish Coop-
                                              erative for 2015 1 ..........                                3,836                       24,840              35,408                      n/a                   n/a                n/a
                                            Alaska Seafood Coopera-
                                              tive for 2015 1 ...............                            39,783                        78,378              44,693                      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.
tkelley on DSK3SPTVN1PROD with RULES




                                            Classification                                                              requirement to provide prior notice and                 impracticable and contrary to the public
                                                                                                                        opportunity for public comment                          interest as it would prevent NMFS from
                                               This action responds to the best
                                            available information recently obtained                                     pursuant to the authority set forth at 5                responding to the most recent fisheries
                                            from the fishery. The Assistant                                             U.S.C. 553(b)(B) as such requirement is                 data in a timely fashion and would
                                            Administrator for Fisheries, NOAA                                           impracticable and contrary to the public                delay the flatfish exchange by the
                                            (AA), finds good cause to waive the                                         interest. This requirement is                           Alaska Seafood cooperative the BSAI.



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                                                             Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations                                             65665

                                            Since these fisheries are currently open,               public comment because the most                         This action is required by § 679.20
                                            it is important to immediately inform                   recent, relevant data only became                     and is exempt from review under
                                            the industry as to the revised                          available as of October 19, 2015.                     Executive Order 12866.
                                            allocations. Immediate notification is                    The AA also finds good cause to                       Authority: 16 U.S.C. 1801 et seq.
                                            necessary to allow for the orderly
                                                                                                    waive the 30-day delay in the effective                 Dated: October 22, 2015.
                                            conduct and efficient operation of this
                                                                                                    date of this action under 5 U.S.C.                    Emily H. Menashes,
                                            fishery, to allow the industry to plan for
                                            the fishing season, and to avoid                        553(d)(3). This finding is based upon                 Acting Director, Office of Sustainable
                                            potential disruption to the fishing fleet               the reasons provided above for waiver of              Fisheries, National Marine Fisheries Service.
                                            as well as processors. NMFS was unable                  prior notice and opportunity for public               [FR Doc. 2015–27274 Filed 10–26–15; 8:45 am]
                                            to publish a notice providing time for                  comment.                                              BILLING CODE 3510–22–P
tkelley on DSK3SPTVN1PROD with RULES




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Document Created: 2015-12-14 15:35:42
Document Modified: 2015-12-14 15:35:42
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 October 27, 2015, through December 31, 2015.
ContactSteve Whitney, 907-586-7228.
FR Citation80 FR 65663 
RIN Number0648-XE27

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