80_FR_76484 80 FR 76249 - Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area

80 FR 76249 - Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 235 (December 8, 2015)

Page Range76249-76250
FR Document2015-30875

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) and total allowable catch (TAC) of Bering Sea and Aleutian Islands (BSAI) northern rockfish, BSAI octopus, BSAI sculpins, and BSAI skates in the BSAI management area. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.

Federal Register, Volume 80 Issue 235 (Tuesday, December 8, 2015)
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76249-76250]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30875]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE344


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) and total allowable catch (TAC) of 
Bering Sea and Aleutian Islands (BSAI) northern rockfish, BSAI octopus, 
BSAI sculpins, and BSAI skates in the BSAI management area. This action 
is necessary to allow the fisheries to continue operating. It is 
intended to promote the goals and objectives of the fishery management 
plan for the BSAI management area.

DATES: Effective December 3, 2015 through 2400 hrs, Alaska local time, 
December 31, 2015. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, December 18, 2015.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2014-0134 by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0134, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
(BSAI) exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act. Regulations governing fishing by U.S. vessels in accordance with 
the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2015 TAC of BSAI northern rockfish was established as 6,263 
metric tons (mt), the 2015 TAC of BSAI octopus was established as 400 
mt, the 2015 ITAC of BSAI sculpins was established as 3,995 mt, and the 
2015 ITAC of BSAI skates was established as 21,845 mt by the final 2015 
and 2016 harvest specifications for groundfish of the BSAI (80 FR 
11919, March 5, 2015) and further revisions (80 FR 52204, August 28, 
2015). In accordance with Sec.  679.20(a)(3) the Regional 
Administrator, Alaska Region, NMFS, has reviewed the most current 
available data and finds that the ITACs and TACs for BSAI northern 
rockfish, BSAI octopus, BSAI sculpins, and BSAI skates need to be 
supplemented from the non-specified reserve to promote efficiency in 
the utilization of fishery resources in the BSAI and allow fishing 
operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 1,000 mt to the BSAI 
northern rockfish TAC, 100 mt to the BSAI octopus TAC, 800 mt to the 
BSAI sculpins ITAC, and 3,428 mt to the BSAI skates ITAC. These 
apportionments are consistent with Sec.  679.20(b)(1)(i) and do not 
result in overfishing of any target species because the revised ITACs 
and TACs are equal to or less than the specifications of the acceptable 
biological catch in the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015).
    The harvest specification for the 2015 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows: The ITAC and TAC are increased to 7,263 mt for BSAI northern 
rockfish, 500 mt for BSAI octopuses, 4,795 mt for BSAI sculpins, and 
25,273 mt for BSAI skates.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA) finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) and Sec.  679.20(b)(3)(iii)(A) as such a 
requirement is impracticable and contrary to the public interest. This 
requirement is impracticable and contrary to the public interest as it 
would prevent NMFS from responding to the most recent fisheries data in 
a timely fashion and would delay the apportionment of the non-specified 
reserves of groundfish to the BSAI northern rockfish, BSAI octopus, 
BSAI sculpins, and BSAI skates ITACS and TACS in the BSAI. Immediate 
notification is necessary to allow for the orderly conduct and 
efficient operation of this fishery, to allow the industry to plan for 
the fishing season, and to avoid potential disruption to the fishing 
fleet and processors. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of November 30, 2015.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until December 
18, 2015.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.


[[Page 76250]]


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

    Dated: December 3, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-30875 Filed 12-3-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                                            Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations                                        76249

                                           § 17.11   [Amended]                                     the ‘‘Comment Now!’’ icon, complete                   1,000 mt to the BSAI northern rockfish
                                           ■ 2. Amend § 17.11(h) by removing the                   the required fields, and enter or attach              TAC, 100 mt to the BSAI octopus TAC,
                                           entry for ‘‘Sucker, Modoc’’ under                       your comments.                                        800 mt to the BSAI sculpins ITAC, and
                                           FISHES in the List of Endangered and                       • Mail: Submit written comments to                 3,428 mt to the BSAI skates ITAC. These
                                           Threatened Wildlife.                                    Glenn Merrill, Assistant Regional                     apportionments are consistent with
                                                                                                   Administrator, Sustainable Fisheries                  § 679.20(b)(1)(i) and do not result in
                                           § 17.95   [Amended]                                     Division, Alaska Region NMFS, Attn:                   overfishing of any target species because
                                           ■ 3. Amend § 17.95(e) by removing the                   Ellen Sebastian. Mail comments to P.O.                the revised ITACs and TACs are equal
                                           entry for ‘‘Modoc Sucker (Catostomus                    Box 21668, Juneau, AK 99802–1668.                     to or less than the specifications of the
                                           microps)’’.                                                Instructions: Comments sent by any                 acceptable biological catch in the final
                                                                                                   other method, to any other address or                 2015 and 2016 harvest specifications for
                                             Dated: November 30, 2015.                             individual, or received after the end of              groundfish in the BSAI (80 FR 11919,
                                           Stephen D. Guertin,                                     the comment period, may not be                        March 5, 2015).
                                           Acting Director, U.S. Fish and Wildlife                 considered by NMFS. All comments                        The harvest specification for the 2015
                                           Service.                                                received are a part of the public record              ITACs and TACs included in the harvest
                                           [FR Doc. 2015–30915 Filed 12–7–15; 8:45 am]             and will generally be posted for public               specifications for groundfish in the
                                           BILLING CODE 4333–15–P                                  viewing on www.regulations.gov                        BSAI are revised as follows: The ITAC
                                                                                                   without change. All personal identifying              and TAC are increased to 7,263 mt for
                                                                                                   information (e.g., name, address, etc.),              BSAI northern rockfish, 500 mt for BSAI
                                           DEPARTMENT OF COMMERCE                                  confidential business information, or                 octopuses, 4,795 mt for BSAI sculpins,
                                                                                                   otherwise sensitive information                       and 25,273 mt for BSAI skates.
                                           National Oceanic and Atmospheric                        submitted voluntarily by the sender will
                                           Administration                                                                                                Classification
                                                                                                   be publicly accessible. NMFS will
                                                                                                   accept anonymous comments (enter ‘‘N/                    This action responds to the best
                                           50 CFR Part 679                                         A’’ in the required fields if you wish to             available information recently obtained
                                                                                                   remain anonymous).                                    from the fishery. The Assistant
                                           [Docket No. 141021887–5172–02]
                                                                                                                                                         Administrator for Fisheries, NOAA,
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           RIN 0648–XE344                                                                                                (AA) finds good cause to waive the
                                                                                                   Steve Whitney, 907–586–7228.                          requirement to provide prior notice and
                                           Fisheries of the Exclusive Economic                     SUPPLEMENTARY INFORMATION: NMFS                       opportunity for public comment
                                           Zone Off Alaska; Several Groundfish                     manages the groundfish fishery in the                 pursuant to the authority set forth at 5
                                           Species in the Bering Sea and Aleutian                  (BSAI) exclusive economic zone                        U.S.C. 553(b)(B) and
                                           Islands Management Area                                 according to the Fishery Management                   § 679.20(b)(3)(iii)(A) as such a
                                                                                                   Plan for Groundfish of the Bering Sea                 requirement is impracticable and
                                           AGENCY:  National Marine Fisheries                      and Aleutian Islands Management Area
                                           Service (NMFS), National Oceanic and                                                                          contrary to the public interest. This
                                                                                                   (FMP) prepared by the North Pacific                   requirement is impracticable and
                                           Atmospheric Administration (NOAA),                      Fishery Management Council under
                                           Commerce.                                                                                                     contrary to the public interest as it
                                                                                                   authority of the Magnuson-Stevens                     would prevent NMFS from responding
                                           ACTION: Temporary rule; apportionment                   Fishery Conservation and Management                   to the most recent fisheries data in a
                                           of reserves; request for comments.                      Act. Regulations governing fishing by                 timely fashion and would delay the
                                                                                                   U.S. vessels in accordance with the FMP               apportionment of the non-specified
                                           SUMMARY:   NMFS apportions amounts of
                                                                                                   appear at subpart H of 50 CFR part 600                reserves of groundfish to the BSAI
                                           the non-specified reserve to the initial
                                                                                                   and 50 CFR part 679.                                  northern rockfish, BSAI octopus, BSAI
                                           total allowable catch (ITAC) and total                     The 2015 TAC of BSAI northern
                                           allowable catch (TAC) of Bering Sea and                                                                       sculpins, and BSAI skates ITACS and
                                                                                                   rockfish was established as 6,263 metric              TACS in the BSAI. Immediate
                                           Aleutian Islands (BSAI) northern                        tons (mt), the 2015 TAC of BSAI
                                           rockfish, BSAI octopus, BSAI sculpins,                                                                        notification is necessary to allow for the
                                                                                                   octopus was established as 400 mt, the                orderly conduct and efficient operation
                                           and BSAI skates in the BSAI                             2015 ITAC of BSAI sculpins was
                                           management area. This action is                                                                               of this fishery, to allow the industry to
                                                                                                   established as 3,995 mt, and the 2015                 plan for the fishing season, and to avoid
                                           necessary to allow the fisheries to                     ITAC of BSAI skates was established as
                                           continue operating. It is intended to                                                                         potential disruption to the fishing fleet
                                                                                                   21,845 mt by the final 2015 and 2016                  and processors. NMFS was unable to
                                           promote the goals and objectives of the                 harvest specifications for groundfish of
                                           fishery management plan for the BSAI                                                                          publish a notice providing time for
                                                                                                   the BSAI (80 FR 11919, March 5, 2015)                 public comment because the most
                                           management area.                                        and further revisions (80 FR 52204,                   recent, relevant data only became
                                           DATES: Effective December 3, 2015                       August 28, 2015). In accordance with                  available as of November 30, 2015.
                                           through 2400 hrs, Alaska local time,                    § 679.20(a)(3) the Regional                              The AA also finds good cause to
                                           December 31, 2015. Comments must be                     Administrator, Alaska Region, NMFS,                   waive the 30-day delay in the effective
                                           received at the following address no                    has reviewed the most current available               date of this action under 5 U.S.C.
                                           later than 4:30 p.m., Alaska local time,                data and finds that the ITACs and TACs                553(d)(3). This finding is based upon
                                           December 18, 2015.                                      for BSAI northern rockfish, BSAI                      the reasons provided above for waiver of
                                           ADDRESSES: You may submit comments                      octopus, BSAI sculpins, and BSAI                      prior notice and opportunity for public
                                           on this document, identified by FDMS                    skates need to be supplemented from                   comment.
                                           Docket Number NOAA–NMFS–2014–                           the non-specified reserve to promote                     Under § 679.20(b)(3)(iii), interested
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                                           0134 by any of the following methods:                   efficiency in the utilization of fishery              persons are invited to submit written
                                              • Electronic Submission: Submit all                  resources in the BSAI and allow fishing               comments on this action (see
                                           electronic public comments via the                      operations to continue.                               ADDRESSES) until December 18, 2015.
                                           Federal e-Rulemaking Portal. Go to                         Therefore, in accordance with                        This action is required by § 679.20
                                           http://www.regulations.gov/#!docket                     § 679.20(b)(3), NMFS apportions from                  and is exempt from review under
                                           Detail;D=NOAA-NMFS-2014-0134, click                     the non-specified reserve of groundfish               Executive Order 12866.


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                                           76250            Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations

                                              Authority: 16 U.S.C. 1801, et seq.                   appear at subpart H of 50 CFR part 600                greater than 60 feet (18.3 m) LOA using
                                             Dated: December 3, 2015.                              and 50 CFR part 679.                                  pot gear, 37,854 mt for catcher vessels
                                           Alan D. Risenhoover,                                       The 2015 Pacific cod TAC specified                 using trawl gear, 3,823 mt to AFA trawl
                                           Director, Office of Sustainable Fisheries,              for catcher vessels greater than 60 feet              C/Ps, 115,371 mt for C/Ps using hook-
                                           National Marine Fisheries Service.                      (18.3 m) LOA using pot gear in the BSAI               and-line, and 6,829 mt for C/Ps using
                                           [FR Doc. 2015–30875 Filed 12–3–15; 4:15 pm]
                                                                                                   is 16,641 metric tons (mt) as established             pot gear.
                                                                                                   by the final 2015 and 2016 harvest
                                           BILLING CODE 3510–22–P                                                                                        Classification
                                                                                                   specifications for groundfish in the
                                                                                                   BSAI (80 FR 11919, March 5, 2015) and                    This action responds to the best
                                           DEPARTMENT OF COMMERCE                                  reallocations (80 FR 57105, September                 available information recently obtained
                                                                                                   22, 2015 and 80 FR 65971, October 28,                 from the fishery. The Assistant
                                           National Oceanic and Atmospheric                        2015). The Regional Administrator has                 Administrator for Fisheries, NOAA
                                           Administration                                          determined that catcher vessels greater               (AA), finds good cause to waive the
                                                                                                   than 60 feet (18.3 m) LOA using pot gear              requirement to provide prior notice and
                                           50 CFR Part 679                                         in the BSAI will not be able to harvest               opportunity for public comment
                                                                                                   3,000 mt of the remaining 2015 Pacific                pursuant to the authority set forth at 5
                                           [Docket No. 141021887–5172–02]                          cod TAC allocated to those vessels                    U.S.C. 553(b)(B) as such requirement is
                                           RIN 0648–XE342                                          under § 679.20(a)(7)(ii)(A)(5).                       impracticable and contrary to the public
                                                                                                      The 2015 Pacific cod TAC specified                 interest. This requirement is
                                           Fisheries of the Exclusive Economic                     for catcher vessels using trawl gear in               impracticable and contrary to the public
                                           Zone off Alaska; Reallocation of                        the BSAI is 39,354 mt as established by               interest as it would prevent NMFS from
                                           Pacific Cod in the Bering Sea and                       the final 2015 and 2016 harvest                       responding to the most recent fisheries
                                           Aleutian Islands Management Area                        specifications for groundfish in the                  data in a timely fashion and would
                                                                                                   BSAI (80 FR 11919, March 5, 2015) and                 delay the reallocation of Pacific cod
                                           AGENCY:  National Marine Fisheries
                                                                                                   reallocations (80 FR 57105, September                 specified from multiple sectors to C/Ps
                                           Service (NMFS), National Oceanic and
                                                                                                   22, 2015 and 80 FR 65971, October 28,                 using hook-and-line gear and C/Ps using
                                           Atmospheric Administration (NOAA),
                                                                                                   2015). The Regional Administrator has                 pot gear in the Bering Sea and Aleutian
                                           Commerce.
                                                                                                   determined that catcher vessels using                 Islands management area. Since these
                                           ACTION: Temporary rule; reallocation.                   trawl gear will not be able to harvest                fisheries are currently open, it is
                                                                                                   1,500 mt of the remaining 2015 Pacific                important to immediately inform the
                                           SUMMARY:    NMFS is reallocating the
                                                                                                   cod TAC allocated to those vessels                    industry as to the revised allocations.
                                           projected unused amounts of Pacific cod
                                                                                                   under § 679.20(a)(7)(ii)(A)(9).                       Immediate notification is necessary to
                                           from catcher vessels greater than 60 feet
                                                                                                      The 2015 Pacific cod TAC specified                 allow for the orderly conduct and
                                           (18.3 meters (m)) length overall (LOA)
                                                                                                   for AFA trawl C/Ps in the BSAI is 4,623               efficient operation of this fishery, to
                                           using pot gear, American Fisheries Act
                                                                                                   mt as established by the final 2015 and               allow the industry to plan for the fishing
                                           (AFA) trawl catcher processors (C/Ps),
                                                                                                   2016 harvest specifications for                       season, and to avoid potential
                                           and catcher vessels using trawl gear to
                                                                                                   groundfish in the BSAI (80 FR 11919,                  disruption to the fishing fleet as well as
                                           C/Ps using hook-and-line gear and C/Ps
                                                                                                   March 5, 2015) and reallocations (80 FR               processors. NMFS was unable to
                                           using pot gear in the Bering Sea and
                                                                                                   57105, September 22, 2015 and 80 FR                   publish a notice providing time for
                                           Aleutian Islands management area. This
                                                                                                   65971, October 28, 2015). The Regional                public comment because the most
                                           action is necessary to allow the 2015
                                                                                                   Administrator has determined that AFA                 recent, relevant data only became
                                           total allowable catch of Pacific cod to be
                                                                                                   trawl C/Ps will not be able to harvest                available as of December 1, 2015.
                                           harvested.
                                                                                                   800 mt of the remaining 2015 Pacific                     The AA also finds good cause to
                                           DATES: Effective December 3, 2015
                                                                                                   cod TAC allocated to those vessels                    waive the 30-day delay in the effective
                                           through 2400 hours, Alaska local time                   under § 679.20(a)(7)(ii)(A)(7).                       date of this action under 5 U.S.C.
                                           (A.l.t.), December 31, 2015.                               Therefore, in accordance with                      553(d)(3). This finding is based upon
                                           FOR FURTHER INFORMATION CONTACT: Josh                   § 679.20(a)(7)(iii)(A) and                            the reasons provided above for waiver of
                                           Keaton, 907–586–7228.                                   § 679.20(a)(7)(iii)(B), NMFS reallocates              prior notice and opportunity for public
                                           SUPPLEMENTARY INFORMATION: NMFS                         5,300 mt of Pacific cod to C/Ps using                 comment.
                                           manages the groundfish fishery in the                   hook-and-line gear and C/Ps using pot                    This action is required by § 679.20
                                           Bering Sea and Aleutian Islands (BSAI)                  gear in the Bering Sea and Aleutian                   and is exempt from review under
                                           according to the Fishery Management                     Islands management area.                              Executive Order 12866.
                                           Plan for Groundfish of the Bering Sea                      The harvest specifications for Pacific               Authority: 16 U.S.C. 1801 et seq.
                                           and Aleutian Islands Management Area                    cod included in the final 2015 harvest
                                           (FMP) prepared by the North Pacific                     specifications for groundfish in the                    Dated: December 3, 2015.
                                           Fishery Management Council under                        BSAI (80 FR 11919, March 5, 2015, 80                  Alan D. Risenhoover,
                                           authority of the Magnuson-Stevens                       FR 51757, August 26, 2015, 80 FR                      Director, Office of Sustainable Fisheries,
                                           Fishery Conservation and Management                     57105, September 22, 2015 and 80 FR                   National Marine Fisheries Service.
                                           Act. Regulations governing fishing by                   65971, October 28, 2015) are revised as               [FR Doc. 2015–30862 Filed 12–3–15; 4:15 pm]
                                           U.S. vessels in accordance with the FMP                 follows: 13,641 mt for catcher vessels                BILLING CODE 3510–22–P
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Document Created: 2015-12-14 13:27:21
Document Modified: 2015-12-14 13:27:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; apportionment of reserves; request for comments.
DatesEffective December 3, 2015 through 2400 hrs, Alaska local time,
ContactSteve Whitney, 907-586-7228.
FR Citation80 FR 76249 
RIN Number0648-XE34

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