81_FR_21552 81 FR 21482 - Fisheries of the Exclusive Economic Zone off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

81 FR 21482 - 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 81, Issue 70 (April 12, 2016)

Page Range21482-21483
FR Document2016-08419

NMFS is exchanging unused rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2016 total allowable catch of rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

Federal Register, Volume 81 Issue 70 (Tuesday, April 12, 2016)
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21482-21483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08419]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE558


Fisheries of the Exclusive Economic Zone off Alaska; Exchange of 
Flatfish in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; reallocation.

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

SUMMARY: NMFS is exchanging unused rock sole Community Development 
Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) 
reserves in the Bering Sea and Aleutian Islands management area. This 
action is necessary to allow the 2016 total allowable catch of rock 
sole, and yellowfin sole in the Bering Sea and Aleutian Islands 
management area to be harvested.

DATES: Effective April 12, 2016, through December 31, 2016.

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 2016 rock sole and yellowfin sole CDQ reserves specified in the 
BSAI are 6,110 mt, and 15,408 mt as established by the final 2016 and 
2017 harvest specifications for groundfish in the BSAI (81 FR 14773, 
March 18, 2016). The 2016 rock sole and yellowfin sole CDQ ABC reserves 
are 11,128 mt and 7,244 mt as established by the final 2016 and 2017 
harvest specifications for groundfish in the BSAI (81 FR 14773, March 
18, 2016).
    The Norton Sound Economic Development Corporation has requested 
that NMFS exchange 400 mt of rock sole CDQ reserves for 400 mt of 
yellowfin sole CDQ ABC reserves under Sec.  679.31(d). Therefore, in 
accordance with Sec.  679.31(d), NMFS exchanges 400 mt of rock sole CDQ 
reserves for 400 mt of yellowfin sole CDQ ABC reserves in the BSAI. 
This action also decreases and increases the TACs and CDQ ABC reserves 
by the corresponding amounts. Tables 11 and 13 of the final 2016 and 
2017 harvest specifications for groundfish in the BSAI (81 FR 14773, 
March 18, 2016) are revised as follows:

[[Page 21483]]



 Table 11--Final 2016 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...............................        7,900        7,000        9,000       21,000       56,700      144,400
CDQ...............................          845          749          963        2,247        5,710       15,808
ICA...............................          200           75           10        5,000        6,000        3,500
BSAI trawl limited access.........          685          618          161            0            0       14,979
Amendment 80......................        6,169        5,558        7,866       13,753       44,990      110,113
Alaska Groundfish Cooperative.....        3,271        2,947        4,171        1,411       11,129       43,748
Alaska Seafood Cooperative........        2,898        2,611        3,695       12,342       33,861       66,365
----------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 13--Final 2016 and 2017 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]
----------------------------------------------------------------------------------------------------------------
                                        2016                      2016         2017                      2017
              Sector                  Flathead    2016  Rock   Yellowfin     Flathead    2017  Rock   Yellowfin
                                        sole         sole         sole         sole         sole         sole
----------------------------------------------------------------------------------------------------------------
ABC...............................       66,250      161,100      211,700       64,580      145,000      203,500
TAC...............................       21,000       56,700      144,400       21,000       57,100      144,000
ABC surplus.......................       45,250      104,400       67,300       43,580       87,900       59,500
ABC reserve.......................       45,250      104,400       67,300       43,580       87,900       59,500
CDQ ABC reserve...................        4,842       11,528        6,844        4,663        9,405        6,367
Amendment 80 ABC reserve..........       40,408       92,872       60,456       38,917       78,495       53,134
Alaska Groundfish Cooperative for         4,145       22,974       24,019          n/a          n/a          n/a
 2016 \1\.........................
Alaska Seafood Cooperative for           36,263       69,898       36,437          n/a          n/a          n/a
 2016 \1\.........................
----------------------------------------------------------------------------------------------------------------
\1\ The 2017 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, 2016.

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 Norton Sound Economic 
Development Corporation in the BSAI. Since these fisheries are 
currently open, it is important to immediately inform the industry as 
to the revised allocations. Immediate notification is necessary to 
allow for the orderly conduct and efficient operation of this fishery, 
to allow the industry to plan for the fishing season, and to avoid 
potential disruption to the fishing fleet as well as processors. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
March 31, 2016.
    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: April 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-08419 Filed 4-11-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                21482               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                category quota, with 1.5 mt allocated for               amended, provide for inseason retention               Atmospheric Administration (NOAA),
                                                each of the following areas: North of                   limit adjustments and fishery closures                Commerce.
                                                39°18′ N. lat. (off Great Egg Inlet, NJ);               to respond to the unpredictable nature
                                                south of 39°18′ N. lat. and outside the                 of BFT availability on the fishing                    ACTION:   Temporary rule; reallocation.
                                                Gulf of Mexico; and in the Gulf of                      grounds, the migratory nature of this
                                                Mexico. Trophy BFT measure 73 inches                    species, and the regional variations in               SUMMARY:   NMFS is exchanging unused
                                                (185 cm) curved fork length or greater.                 the BFT fishery. The closure of the                   rock sole Community Development
                                                   As of April 4, 2016, reported landings               southern area Angling category trophy                 Quota (CDQ) for yellowfin sole CDQ
                                                from the NMFS Automated Catch                           fishery is necessary to prevent any                   acceptable biological catch (ABC)
                                                Reporting System and the North                          further overharvest of the southern area              reserves in the Bering Sea and Aleutian
                                                Carolina Tagging Program total                          trophy fishery subquota. NMFS                         Islands management area. This action is
                                                approximately 1.6 mt. NMFS has                          provides notification of closures by                  necessary to allow the 2016 total
                                                determined that the codified Angling                    publishing the notice in the Federal                  allowable catch of rock sole, and
                                                category southern area trophy BFT                       Register, emailing individuals who have               yellowfin sole in the Bering Sea and
                                                subquota has been reached and that a                    subscribed to the Atlantic HMS News                   Aleutian Islands management area to be
                                                closure of the southern area trophy BFT                 electronic newsletter, and updating the               harvested.
                                                fishery is warranted at this time.                      information posted on the Atlantic
                                                Therefore, retaining, possessing, or                    Tunas Information Line and on                              Effective April 12, 2016, through
                                                                                                                                                              DATES:
                                                landing large medium or giant BFT                       hmspermits.noaa.gov.                                  December 31, 2016.
                                                south of 39°18′ N. lat. and outside the                    These fisheries are currently                      FOR FURTHER INFORMATION CONTACT:
                                                Gulf of Mexico by persons aboard                        underway and delaying this action                     Steve Whitney, 907–586–7228.
                                                vessels permitted in the HMS Angling                    would be contrary to the public interest
                                                category and the HMS Charter/Headboat                   as it could result in excessive trophy                SUPPLEMENTARY INFORMATION:     NMFS
                                                category must cease at 11:30 p.m. local                 BFT landings that may result in future                manages the groundfish fishery in the
                                                time on April 10, 2016. This closure                    potential quota reductions for the                    Bering Sea and Aleutian Islands
                                                will remain effective through December                  Angling category, depending on the                    management area (BSAI) according to
                                                31, 2016. This action is intended to                    magnitude of a potential Angling                      the Fishery Management Plan for
                                                prevent any further overharvest of the                  category overharvest. NMFS must close                 Groundfish of the Bering Sea and
                                                Angling category southern area trophy                   the southern area trophy BFT fishery                  Aleutian Islands Management Area
                                                BFT subquota, and is taken consistent                   before additional landings of these sizes             (FMP) prepared by the North Pacific
                                                with the regulations at § 635.28(a)(1).                 of BFT accumulate. Therefore, the AA                  Fishery Management Council under
                                                   If needed, subsequent Angling                        finds good cause under 5 U.S.C.
                                                category adjustments will be published                                                                        authority of the Magnuson-Stevens
                                                                                                        553(b)(B) to waive prior notice and the               Fishery Conservation and Management
                                                in the Federal Register. Information
                                                                                                        opportunity for public comment. For all               Act. Regulations governing fishing by
                                                regarding the Angling category fishery
                                                                                                        of the above reasons, there is good cause             U.S. vessels in accordance with the FMP
                                                for Atlantic tunas, including daily
                                                                                                        under 5 U.S.C. 553(d) to waive the 30-                appear at subpart H of 50 CFR part 600
                                                retention limits for BFT measuring 27
                                                                                                        day delay in effectiveness.                           and 50 CFR part 679.
                                                inches (68.5 cm) to less than 73 inches
                                                                                                           This action is being taken under 50
                                                and any further Angling category                                                                                The 2016 rock sole and yellowfin sole
                                                                                                        CFR 635.28(a)(1), and is exempt from
                                                adjustments, is available at                                                                                  CDQ reserves specified in the BSAI are
                                                                                                        review under Executive Order 12866.
                                                hmspermits.noaa.gov or by calling (978)                                                                       6,110 mt, and 15,408 mt as established
                                                281–9260.                                                  Authority: 16 U.S.C. 971 et seq. and 1801
                                                                                                                                                              by the final 2016 and 2017 harvest
                                                   HMS Angling and HMS Charter/                         et seq.
                                                                                                                                                              specifications for groundfish in the
                                                Headboat category permit holders may                      Dated: April 7, 2016.                               BSAI (81 FR 14773, March 18, 2016).
                                                catch and release (or tag and release)                  Emily H. Menashes,                                    The 2016 rock sole and yellowfin sole
                                                BFT of all sizes, subject to the                        Acting Director, Office of Sustainable
                                                requirements of the catch-and-release                                                                         CDQ ABC reserves are 11,128 mt and
                                                                                                        Fisheries, National Marine Fisheries Service.         7,244 mt as established by the final 2016
                                                and tag-and-release programs at                         [FR Doc. 2016–08386 Filed 4–7–16; 4:15 pm]
                                                § 635.26. Anglers are also reminded that                                                                      and 2017 harvest specifications for
                                                all BFT that are released must be
                                                                                                        BILLING CODE 3510–22–P                                groundfish in the BSAI (81 FR 14773,
                                                handled in a manner that will maximize                                                                        March 18, 2016).
                                                survival, and without removing the fish                 DEPARTMENT OF COMMERCE                                  The Norton Sound Economic
                                                from the water, consistent with                                                                               Development Corporation has requested
                                                requirements at § 635.21(a)(1). For                     National Oceanic and Atmospheric                      that NMFS exchange 400 mt of rock sole
                                                additional information on safe handling,                Administration                                        CDQ reserves for 400 mt of yellowfin
                                                see the ‘‘Careful Catch and Release’’                                                                         sole CDQ ABC reserves under
                                                brochure available at                                   50 CFR Part 679                                       § 679.31(d). Therefore, in accordance
                                                www.nmfs.noaa.gov/sfa/hms/.                                                                                   with § 679.31(d), NMFS exchanges 400
                                                                                                        [Docket No. 150916863–6211–02]
                                                Classification                                                                                                mt of rock sole CDQ reserves for 400 mt
                                                                                                        RIN 0648–XE558                                        of yellowfin sole CDQ ABC reserves in
                                                  The Assistant Administrator for
                                                NMFS (AA) finds that it is impracticable                                                                      the BSAI. This action also decreases and
                                                                                                        Fisheries of the Exclusive Economic                   increases the TACs and CDQ ABC
jstallworth on DSK7TPTVN1PROD with RULES




                                                and contrary to the public interest to                  Zone off Alaska; Exchange of Flatfish
                                                provide prior notice of, and an                                                                               reserves by the corresponding amounts.
                                                                                                        in the Bering Sea and Aleutian Islands
                                                opportunity for public comment on, this                                                                       Tables 11 and 13 of the final 2016 and
                                                                                                        Management Area
                                                action for the following reasons:                                                                             2017 harvest specifications for
                                                  The regulations implementing the                      AGENCY:  National Marine Fisheries                    groundfish in the BSAI (81 FR 14773,
                                                2006 Consolidated HMS FMP, as                           Service (NMFS), National Oceanic and                  March 18, 2016) are revised as follows:




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                                                                           Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                                                21483

                                                 TABLE 11—FINAL 2016 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 ..................................................................................          7,900             7,000           9,000         21,000         56,700          144,400
                                                CDQ .................................................................................             845               749             963          2,247          5,710           15,808
                                                ICA ...................................................................................           200                75              10          5,000          6,000            3,500
                                                BSAI trawl limited access ................................................                        685               618             161              0              0           14,979
                                                Amendment 80 .................................................................                  6,169             5,558           7,866         13,753         44,990          110,113
                                                Alaska Groundfish Cooperative .......................................                           3,271             2,947           4,171          1,411         11,129           43,748
                                                Alaska Seafood Cooperative ...........................................                          2,898             2,611           3,695         12,342         33,861           66,365
                                                   Note: Sector apportionments may not total precisely due to rounding.

                                                     TABLE 13—FINAL 2016 AND 2017 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]

                                                                                                                                             2016             2016            2016             2017           2017            2017
                                                                                      Sector                                               Flathead           Rock           Yellowfin       Flathead         Rock           Yellowfin
                                                                                                                                             sole             sole             sole            sole           sole             sole

                                                ABC ..................................................................................         66,250          161,100         211,700          64,580        145,000          203,500
                                                TAC ..................................................................................         21,000           56,700         144,400          21,000         57,100          144,000
                                                ABC surplus .....................................................................              45,250          104,400          67,300          43,580         87,900           59,500
                                                ABC reserve .....................................................................              45,250          104,400          67,300          43,580         87,900           59,500
                                                CDQ ABC reserve ...........................................................                     4,842           11,528           6,844           4,663          9,405            6,367
                                                Amendment 80 ABC reserve ...........................................                           40,408           92,872          60,456          38,917         78,495           53,134
                                                Alaska Groundfish Cooperative for 2016 1 ......................                                 4,145           22,974          24,019              n/a            n/a              n/a
                                                Alaska Seafood Cooperative for 2016 1 ..........................                               36,263           69,898          36,437              n/a            n/a              n/a
                                                  1 The 2017 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, 2016.


                                                Classification                                                              Norton Sound Economic Development                        date of this action under 5 U.S.C.
                                                                                                                            Corporation in the BSAI. Since these                     553(d)(3). This finding is based upon
                                                   This action responds to the best                                         fisheries are currently open, it is                      the reasons provided above for waiver of
                                                available information recently obtained                                     important to immediately inform the                      prior notice and opportunity for public
                                                from the fishery. The Assistant                                             industry as to the revised allocations.                  comment.
                                                Administrator for Fisheries, NOAA                                           Immediate notification is necessary to
                                                (AA), finds good cause to waive the                                                                                                    This action is required by § 679.20
                                                                                                                            allow for the orderly conduct and
                                                requirement to provide prior notice and                                     efficient operation of this fishery, to                  and is exempt from review under
                                                opportunity for public comment                                              allow the industry to plan for the fishing               Executive Order 12866.
                                                pursuant to the authority set forth at 5                                    season, and to avoid potential                               Authority: 16 U.S.C. 1801 et seq.
                                                U.S.C. 553(b)(B) as such requirement is                                     disruption to the fishing fleet as well as                 Dated: April 7, 2016.
                                                impracticable and contrary to the public                                    processors. NMFS was unable to
                                                interest. This requirement is                                                                                                        Emily H. Menashes,
                                                                                                                            publish a notice providing time for
                                                impracticable and contrary to the public                                    public comment because the most                          Acting Director, Office of Sustainable
                                                interest as it would prevent NMFS from                                      recent, relevant data only became                        Fisheries, National Marine Fisheries Service.
                                                responding to the most recent fisheries                                     available as of March 31, 2016.                          [FR Doc. 2016–08419 Filed 4–11–16; 8:45 am]
                                                data in a timely fashion and would                                             The AA also finds good cause to                       BILLING CODE 3510–22–P
                                                delay the flatfish exchange by the                                          waive the 30-day delay in the effective
jstallworth on DSK7TPTVN1PROD with RULES




                                           VerDate Sep<11>2014         15:11 Apr 11, 2016         Jkt 238001       PO 00000       Frm 00035    Fmt 4700    Sfmt 9990   E:\FR\FM\12APR1.SGM   12APR1



Document Created: 2016-04-12 00:47:16
Document Modified: 2016-04-12 00:47:16
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 April 12, 2016, through December 31, 2016.
ContactSteve Whitney, 907-586-7228.
FR Citation81 FR 21482 
RIN Number0648-XE55

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