81 FR 41253 - 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 122 (June 24, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41253-41254 | |
| FR Document | 2016-15001 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Rules and Regulations] [Pages 41253-41254] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15001] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XE694 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 flathead sole and yellowfin sole Community Development Quota (CDQ) for rock 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 in the Bering Sea and Aleutian Islands management area to be harvested. DATES: Effective June 24, 2016 through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 flathead sole, rock sole, and yellowfin sole CDQ reserves specified in the BSAI are 2,247 mt, 5,710 mt, and 15,808 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), and one flatfish exchange (81 FR 21482, April 12, 2016). The 2016 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 4,842 mt, 11,528 mt, and 6,844 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), and one flatfish exchange (81 FR 21482, April 12, 2016). The Yukon Delta Fisheries Development Association has requested that NMFS exchange 15 mt of flathead sole and 35 mt of yellowfin sole CDQ reserves for 50 mt of rock sole CDQ ABC reserve under Sec. 679.31(d). Therefore, in accordance with Sec. 679.31(d), NMFS exchanges 15 mt of flathead sole and 35 mt of yellowfin sole CDQ reserves for 50 mt of rock sole CDQ ABC reserves in the BSAI. This action also decreases and increases the associated total annual catches (TAC) 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), as revised by one flatfish exchange (81 FR 21842, April 12, 2016), are revised as follows: 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 sole Rock sole Yellowfin -------------------------------------------------------------------------------- sole Sector Eastern Central Western --------------- Aleutian Aleutian Aleutian BSAI BSAI district district district BSAI -------------------------------------------------------------------------------------------------------------------------------------------------------- TAC..................................................... 7,900 7,000 9,000 20,985 56,750 144,365 [[Page 41254]] CDQ..................................................... 845 749 963 2,232 5,760 15,773 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 Flathead 2016 Rock 2016 2017 Flathead 2017 Rock 2017 Sector sole sole Yellowfin sole sole sole Yellowfin sole -------------------------------------------------------------------------------------------------------------------------------------------------------- ABC..................................................... 66,250 161,100 211,700 64,580 145,000 203,500 TAC..................................................... 20,985 56,750 144,365 21,000 57,100 144,000 ABC surplus............................................. 45,265 104,350 67,335 43,580 87,900 59,500 ABC reserve............................................. 45,265 104,350 67,335 43,580 87,900 59,500 CDQ ABC reserve......................................... 4,857 11,478 6,879 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 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 Yukon Delta Fisheries Development Association in the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 20, 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: June 21, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-15001 Filed 6-23-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 41253
determined that this final rule is Small Business Administration during DATES: Effective June 24, 2016 through
consistent with the CPS FMP, other the proposed rule stage that this action December 31, 2016.
provisions of the Magnuson-Stevens would not have a significant economic FOR FURTHER INFORMATION CONTACT:
Fishery Conservation and Management impact on a substantial number of small Obren Davis, 907–586–7228.
Act, and other applicable law. entities. The factual basis for the
SUPPLEMENTARY INFORMATION: NMFS
NMFS finds good cause under 5 certification was published in the
U.S.C. 553(d)(3) to waive the 30-day manages the groundfish fishery in the
proposed rule and is not repeated here.
delay in effectiveness for the Bering Sea and Aleutian Islands
No comments were received regarding
establishment of these final harvest management area (BSAI) according to
this certification. As a result, a
specifications for the 2016–2017 Pacific the Fishery Management Plan for
regulatory flexibility analysis was not
sardine fishing season. In accordance Groundfish of the Bering Sea and
required and none was prepared.
with the FMP, this rule was Aleutian Islands Management Area
This action does not contain a
recommended by the Council at its (FMP) prepared by the North Pacific
collection-of-information requirement
meeting in April 2016, the contents of Fishery Management Council under
for purposes of the Paper Reduction Act.
which were based on the best available authority of the Magnuson-Stevens
Authority: 16 U.S.C. 1801 et seq. Fishery Conservation and Management
new information on the population
status of Pacific sardine that became Dated: June 17, 2016. Act. Regulations governing fishing by
available at that time. Making these final Samuel D. Rauch III, U.S. vessels in accordance with the FMP
specifications effective on July 1 is Deputy Assistant Administrator for appear at subpart H of 50 CFR part 600
necessary for the conservation and Regulatory Programs, National Marine and 50 CFR part 679.
management of the Pacific sardine Fisheries Service. The 2016 flathead sole, rock sole, and
resource. The FMP requires a [FR Doc. 2016–14955 Filed 6–23–16; 8:45 am] yellowfin sole CDQ reserves specified in
prohibition on directed fishing for BILLING CODE 3510–22–P
the BSAI are 2,247 mt, 5,710 mt, and
Pacific sardine for the 2016–2017 15,808 mt as established by the final
fishing year because the sardine biomass 2016 and 2017 harvest specifications for
is below the CUTOFF. The purpose of DEPARTMENT OF COMMERCE groundfish in the BSAI (81 FR 14773,
the CUTOFF in the FMP—and March 18, 2016), and one flatfish
prohibiting directed fishing when the National Oceanic and Atmospheric exchange (81 FR 21482, April 12, 2016).
biomass drops below this level—is to Administration The 2016 flathead sole, rock sole, and
protect the stock when biomass is low yellowfin sole CDQ ABC reserves are
and provide a buffer of spawning stock 50 CFR Part 679 4,842 mt, 11,528 mt, and 6,844 mt as
that is protected from fishing and established by the final 2016 and 2017
[Docket No. 150916863–6211–02] harvest specifications for groundfish in
available for use in rebuilding the stock.
A delay in the effectiveness of this rule the BSAI (81 FR 14773, March 18,
RIN 0648–XE694 2016), and one flatfish exchange (81 FR
for a full 30 days would not allow the
implementation of this prohibition prior 21482, April 12, 2016).
Fisheries of the Exclusive Economic
to the expiration of the closure of the The Yukon Delta Fisheries
Zone Off Alaska; Exchange of Flatfish
directed fishery on July 1, 2016, which Development Association has requested
in the Bering Sea and Aleutian Islands
was imposed under the 2015–2016 that NMFS exchange 15 mt of flathead
Management Area
annual specifications. sole and 35 mt of yellowfin sole CDQ
Delaying the effective date of this rule AGENCY: National Marine Fisheries reserves for 50 mt of rock sole CDQ ABC
beyond July 1 would be contrary to the Service (NMFS), National Oceanic and reserve under § 679.31(d). Therefore, in
public interest because reducing Pacific Atmospheric Administration (NOAA), accordance with § 679.31(d), NMFS
sardine biomass beyond the limits set Commerce. exchanges 15 mt of flathead sole and 35
out in this action could decrease the ACTION: Temporary rule; reallocation. mt of yellowfin sole CDQ reserves for 50
sustainability of the Pacific sardine, as mt of rock sole CDQ ABC reserves in the
well as cause future harvest limits to be SUMMARY: NMFS is exchanging unused BSAI. This action also decreases and
even lower under the harvest control flathead sole and yellowfin sole increases the associated total annual
rule, thereby reducing future profits of Community Development Quota (CDQ) catches (TAC) and CDQ ABC reserves by
the fishery. for rock sole CDQ acceptable biological the corresponding amounts. Tables 11
These final specifications are exempt catch (ABC) reserves in the Bering Sea and 13 of the final 2016 and 2017
from review under Executive Order and Aleutian Islands management area. harvest specifications for groundfish in
12866. This action is necessary to allow the the BSAI (81 FR 14773, March 18,
The Chief Counsel for Regulation of 2016 total allowable catch of rock sole 2016), as revised by one flatfish
the Department of Commerce certified in the Bering Sea and Aleutian Islands exchange (81 FR 21842, April 12, 2016),
to the Chief Counsel for Advocacy of the management area to be harvested. are revised as follows:
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]
sradovich on DSK3GDR082PROD with RULES
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 20,985 56,750 144,365
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![41254 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
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—Continued
[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
CDQ ......................................................... 845 749 963 2,232 5,760 15,773
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 sole Rock sole Yellowfin sole Flathead sole Rock sole Yellowfin sole
ABC .......................................................... 66,250 161,100 211,700 64,580 145,000 203,500
TAC .......................................................... 20,985 56,750 144,365 21,000 57,100 144,000
ABC surplus ............................................. 45,265 104,350 67,335 43,580 87,900 59,500
ABC reserve ............................................. 45,265 104,350 67,335 43,580 87,900 59,500
CDQ ABC reserve ................................... 4,857 11,478 6,879 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 Yukon Delta Fisheries Development date of this action under 5 U.S.C.
Association 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: June 21, 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 June 20, 2016. [FR Doc. 2016–15001 Filed 6–23–16; 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
sradovich on DSK3GDR082PROD with RULES
VerDate Sep<11>2014 16:19 Jun 23, 2016 Jkt 238001 PO 00000 Frm 00084 Fmt 4700 Sfmt 9990 E:\FR\FM\24JNR1.SGM 24JNR1](https://thefederalregister.org/doc/81_FR_41375/page/2.svg)
Document Created: 2016-06-24 00:52:51
Document Modified: 2016-06-24 00:52:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; reallocation. | |
| Dates | Effective June 24, 2016 through December 31, 2016. | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 81 FR 41253 | |
| RIN Number | 0648-XE69 |
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