81 FR 46883 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Amendment 113

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 138 (July 19, 2016)

Page Range		46883-46885
FR Document		2016-17051

The North Pacific Fishery Management Council (Council) has submitted Amendment 113 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 113 to the FMP would modify the Bering Sea and Aleutian Islands (BSAI) Pacific cod fishery to set aside a portion of the Aleutian Islands Pacific cod total allowable catch (TAC) for harvest by vessels directed fishing for Aleutian Islands Pacific cod and delivering their catch for processing to shoreside processors located on land west of 170 W. longitude in the Aleutian Islands (Aleutian Islands shoreplants). The harvest set-aside would apply only if specific notification and performance requirements are met, and only during the first few months of the fishing year. This harvest set-aside would provide the opportunity for catcher vessels operating in the Aleutian Islands Pacific cod fishery, Aleutian Islands shoreplants, and the communities where Aleutian Islands shoreplants are located to receive benefits from the Aleutian Islands Pacific cod fishery, while the notification and performance requirements would preserve an opportunity for the complete harvest of the BSAI Pacific cod resource. Amendment 113 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

Federal Register, Volume 81 Issue 138 (Tuesday, July 19, 2016)

[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Proposed Rules]
[Pages 46883-46885]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-17051]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BF54

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Management Area; Amendment 113

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

ACTION: Notice of availability of amendment to fishery management plan;
request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has
submitted Amendment 113 to the Fishery Management Plan for Groundfish
of the Bering Sea and

[[Page 46884]]

Aleutian Islands Management Area (FMP) to the Secretary of Commerce
(Secretary) for review. If approved, Amendment 113 to the FMP would
modify the Bering Sea and Aleutian Islands (BSAI) Pacific cod fishery
to set aside a portion of the Aleutian Islands Pacific cod total
allowable catch (TAC) for harvest by vessels directed fishing for
Aleutian Islands Pacific cod and delivering their catch for processing
to shoreside processors located on land west of 170 W. longitude in the
Aleutian Islands (Aleutian Islands shoreplants). The harvest set-aside
would apply only if specific notification and performance requirements
are met, and only during the first few months of the fishing year. This
harvest set-aside would provide the opportunity for catcher vessels
operating in the Aleutian Islands Pacific cod fishery, Aleutian Islands
shoreplants, and the communities where Aleutian Islands shoreplants are
located to receive benefits from the Aleutian Islands Pacific cod
fishery, while the notification and performance requirements would
preserve an opportunity for the complete harvest of the BSAI Pacific
cod resource. Amendment 113 is intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act, the FMP, and other applicable laws.

DATES: Submit comments on or before September 19, 2016.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0155, by any one of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0155, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Address 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.
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. All comments received are a part of the public
record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying
information (e.g., name, address) confidential business information, or
otherwise sensitive information voluntarily submitted by the commenter
will be publicly accessible. NMFS will accept anonymous comments (enter
N/A in the required fields, if you wish to remain anonymous).
Electronic copies of Amendment 113 to the FMP and the Environmental
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility
Analysis (collectively, the ``Analysis'') prepared for this action may
be obtained from http://www.regulations.gov or from the Alaska Region
Web site at http://www.alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Julie Scheurer, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council submit any fishery management plan amendment
it prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary. The Magnuson-Stevens Act also requires that
NMFS, upon receiving a fishery management plan amendment, immediately
publish a notice in the Federal Register announcing that the amendment
is available for public review and comment. The Council has submitted
Amendment 113 to the Secretary for review. This notice announces that
proposed Amendment 113 to the FMP is available for public review and
comment.
Amendment 113 to the FMP was adopted by the Council in October
2015. The objective of Amendment 113 is to modify the BSAI Pacific cod
fishery to prioritize the harvest of a portion of the Aleutian Islands
Pacific cod TAC by catcher vessels directed fishing for Aleutian
Islands Pacific cod and delivering their catch for processing to
Aleutian Islands shoreplants, thereby supporting social and economic
development in the western Aleutian Islands fishing communities in
which those vessels operate and shoreplants are located. The harvest
set-aside would provide the opportunity for Aleutian Islands catcher
vessels, shoreplants, and the communities where Aleutian Islands
shoreplants are located to receive benefits from a portion of the
Aleutian Islands Pacific cod fishery, while the notification and
performance requirements would preserve an opportunity for the complete
harvest of the BSAI Pacific cod resource.
A combination of physical, biological, economic, and management
factors, such as the relatively low Pacific cod stock abundance in the
Aleutian Islands and the potential influx of excess at-sea processing
capacity from rationalized fisheries, have affected harvesting and
processing opportunities for Pacific cod for some participants in the
Aleutian Islands and created the risk that Aleutian Islands fishing
communities may not be able to sustain their participation in the
Aleutian Islands Pacific cod fishery. The Council determined that
Amendment 113 is necessary to provide benefits and stability to
fishery-dependent fishing communities in the Aleutian Islands.
Amendment 113 is consistent with long-standing policies recommended by
the Council and regulations established by NMFS to provide harvesting
and processing protections for non-rationalized fisheries and
opportunities for fishing communities engaged in fisheries in the
Aleutian Islands.
If approved, Amendment 113 would amend four sections of the FMP as
described below. First, a new row entitled ``Aleutian Islands Catcher
Vessel Harvest Set-Aside'' would be added to Table ES-2 in the
Executive Summary, below the row entitled ``Retention and Utilization
Requirements'', to read, ``Under certain conditions, up to five
thousand metric tons of the AI Pacific cod TAC (excluding CDQ) is
reserved exclusively for harvest by vessels directed fishing for AI
Pacific cod and delivering their catch for processing to Aleutian
Islands shoreplants west of 170 degrees W. long. from January 1 through
March 15.'' This harvest set-aside would be referred to as the
``Aleutian Islands Catcher Vessel Harvest Set-Aside'' in regulations.
Second, Amendment 113 would make two modifications in Section
3.2.3.4.3, ``Apportionment of Total Allowable Catch''. Under subheading
``3) Pacific cod'', the subheading ``C) Seasonal Allocations'' would be
changed to read ``B) Seasonal Allocations''. This change would be an
editorial correction only. The second change in Section 3.2.3.4.3 would
add a new subsection entitled ``C) Bering Sea Trawl CV A-Season Sector
Limitation'' under subheading ``3) Pacific cod''. This new subsection
would state that if the Aleutian Islands Catcher Vessel Harvest Set-
Aside is in effect, the trawl CV sector may not catch more than an
amount that is equal to the trawl CV sector's A-season Pacific cod
allocation minus the lesser of either the Aleutian Islands non-CDQ
Pacific cod directed fishing allowance or 5,000 mt in the Bering Sea
subarea before March 21.
Third, a new subsection 3.6.5, entitled ``Aleutian Islands Catcher
Vessel Harvest Set-Aside'', would be added at the end of Section 3.6,
``Catch Restrictions''. This new subsection would include the five main

[[Page 46885]]

components of the Aleutian Islands Catcher Vessel Harvest Set-Aside:
First, ``Aleutian Islands shoreplant,'' for purposes of
the Aleutian Islands Catcher Vessel Harvest Set-Aside, would be defined
to mean a processing facility physically located on land west of 170
degrees W. long.
In the Aleutian Islands Pacific cod fishery, up to 5,000
mt of the non-CDQ directed fishing allowance would be reserved
exclusively for harvest by vessels directed fishing for Aleutian
Islands Pacific cod and delivering their catch for processing to
Aleutian Islands shoreplants from January 1 until March 15. This
exclusive harvest reservation is the ``Aleutian Islands Catcher Vessel
Harvest Set-Aside.'' Any amount of the Aleutian Islands Pacific cod
non-CDQ directed fishing allowance in excess of the Aleutian Islands
Catcher Vessel Harvest Set-Aside would be available for harvest by all
non-CDQ sectors with available A-season allocations of Pacific cod and
could be processed by any eligible processor.
If less than 1,000 mt of the Aleutian Islands Catcher
Vessel Harvest Set-Aside has been landed at Aleutian Islands
shoreplants by February 28, the Bering Sea Trawl CV A-Season Sector
Limitation and the Aleutian Islands Catcher Vessel Harvest Set-Aside
would be suspended for the remainder of the year.
Either the City of Adak or the City of Atka would be
required to notify NMFS each year of its intent to process Aleutian
Islands Pacific cod in the upcoming year for the Aleutian Islands
Catcher Vessel Harvest Set-Aside to go into effect. Regulations
implementing Amendment 113 will specify the date and the method by
which the City of Adak or the City of Atka must notify NMFS. If neither
the City of Adak nor the City of Atka notifies NMFS by the annual
deadline of its intent to process Aleutian Islands Pacific cod, the
Bering Sea Trawl CV A-Season Sector Limitation and the Aleutian Islands
Catcher Vessel Harvest Set-Aside for Pacific cod would not apply for
the upcoming year.
If the entire Aleutian Islands non-CDQ Pacific cod
directed fishing allowance is harvested prior to March 15, the Bering
Sea Trawl CV A-Season Sector Limitation and the Aleutian Islands
Catcher Vessel Harvest Set-Aside for Pacific cod would not apply for
the remainder of the year.
Finally, a section would be added to Appendix A, summarizing the
main provisions of Amendment 113.
The Council considered a range of dates, set-aside amounts, and
performance requirements before adopting its preferred alternative for
Amendment 113. The Council determined and NMFS agrees that the
combination of measures within Amendment 113 would give Aleutian
Islands Pacific cod fishery participants and Aleutian Islands
shoreplants sufficient opportunity to harvest and process the set-aside
for Aleutian Islands Pacific cod. The Council also determined and NMFS
agrees that the notification and performance requirements would prevent
stranding BSAI Pacific cod TAC and preserve opportunities for the
complete harvest of the BSAI Pacific cod resource.
NMFS is soliciting public comments on proposed Amendment 113
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on a proposed
rule that would implement Amendment 113, following NMFS' evaluation of
the proposed rule under the Magnuson-Stevens Act. All comments received
by the end of the comment period on Amendment 113, whether specifically
directed to the FMP amendment or the proposed rule, will be considered
in the decision to approve or disapprove Amendment 113. Comments
received after that date may not be considered in the decision on
Amendment 113. To be certain of consideration, comments must be
received by NMFS, not just postmarked or otherwise transmitted, by the
last day of the comment period.

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

Dated: July 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-17051 Filed 7-18-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Proposed Rules 46883

voting interests, or a controlling interest, The instructions for submitting the and civil penalties, including penalties
of the applicant, a statement to that information to be filed are available on under 18 U.S.C. 1001.
effect. the FCC Web site. The required * * * * *
(2) An ownership diagram that information shall be submitted ■ 10. Amend § 63.24 by revising
illustrates the applicant’s vertical separately from the application and paragraphs (e)(2) and (f)(2)(i) to read as
ownership structure, including the shall be filed via an FCC Web site. follows:
direct and indirect ownership (equity (q) Each applicant shall make the
and voting) interests held by the following certifications: § 63.24 Assignments and transfers of
individuals and entities named in (1) To comply with all applicable control.
response to paragraph (h)(1) of this Communications Assistance to Law * * * * *
section. Each such individual or entity Enforcement Act (CALEA) requirements (e) * * *
shall be depicted in the ownership and related rules and regulations, (2) The application shall include the
diagram and all controlling interests including any and all FCC orders and information requested in paragraphs (a)
labeled as such. opinions governing the application of through (d) of § 63.18 for both the
(3) The applicant shall also identify CALEA and assistance to law transferor/assignor and the transferee/
any interlocking directorates with a enforcement (see, e.g., the Commission’s assignee. The information requested in
foreign carrier. orders in conjunction with ET Docket paragraphs (h) through (p) of § 63.18 is
Note to paragraph (h): Ownership and No. 04–295, Communications required only for the transferee/
other interests in U.S. and foreign Assistance for Law Enforcement Act and assignee. The ownership diagram
carriers will be attributed to their Broadband Access and Services, and the required under § 63.18(h)(2) shall
holders and deemed cognizable Commission’s rules and regulations in include both the pre-transaction and
pursuant to the following criteria: part 1, subpart Z of this chapter— post-transaction ownership of the
Attribution of ownership interests in a Communications Assistance for Law authorization holder. At the beginning
carrier that are held indirectly by any Enforcement Act); of the application, the applicant shall
(2) To make communications to, from, include a narrative of the means by
party through one or more intervening
or within the United States, as well as which the proposed transfer or
corporations will be determined by
records thereof, available in a form and assignment will take place.
successive multiplication of the
location that permits them to be subject
ownership percentages for each link in * * * * *
to a valid and lawful request or legal
the vertical ownership chain and (f) * * *
process in accordance with U.S. law;
application of the relevant attribution (3) To designate a point of contact (2) * * *
benchmark to the resulting product, located in the United States and who is (i) The information requested in
except that wherever the ownership a U.S. citizen or lawful permanent paragraphs (a) through (d) and (h) of
percentage for any link in the chain that resident, for the service of the requests § 63.18 for the transferee/assignee. The
is equal to or exceeds 50 percent or and/or valid legal process described in ownership diagram required under
represents actual control, it shall be paragraph (q)(2) of this section and the § 63.18(h)(2) shall include both the pre-
treated as if it were a 100 percent receipt of other communications from transaction and post-transaction
interest. For example, if A owns 30 the U.S. government; ownership of the authorization holder;
percent of company X, which owns 60 (4) That all information submitted, * * * * *
percent of company Y, which owns 26 whether at the time of submission of the [FR Doc. 2016–16780 Filed 7–18–16; 8:45 am]
percent of ‘‘carrier,’’ then X’s interest in application or subsequently in response BILLING CODE 6712–01–P
‘‘carrier’’ would be 26 percent (the same to either Commission or Executive
as Y’s interest because X’s interest in Y Branch agency request, is substantially
exceeds 50 percent), and A’s interest in accurate and complete in all significant DEPARTMENT OF COMMERCE
‘‘carrier’’ would be 7.8 percent (0.30 × respects to the best of applicant’s
0.26 because A’s interest in X is less knowledge at the time of the National Oceanic and Atmospheric
than 50 percent). Under the 25 percent submission. While the application is Administration
attribution benchmark, X’s interest in pending, as defined in § 1.65(a) of this
‘‘carrier’’ would be cognizable, while chapter, the applicant agrees to 50 CFR Part 679
A’s interest would not be cognizable. promptly inform the Commission and, if
* * * * * RIN 0648–BF54
the applicant originally submitted the
(p) With respect to each applicant for information in response to the request of Fisheries of the Exclusive Economic
which an individual or entity that is not another Executive Branch agency, that Zone Off Alaska; Bering Sea and
a U.S. citizen holds a ten percent or agency, if the information in the Aleutian Islands Management Area;
greater direct or indirect equity or application is no longer substantially Amendment 113
voting interest in the applicant, file accurate and complete in all significant
national security and law enforcement respects; and AGENCY: National Marine Fisheries
information regarding the applicant. (5) That the applicant understands Service (NMFS), National Oceanic and
The information may include: that if the applicant fails to fulfill any Atmospheric Administration (NOAA),
(1) Corporate structure and of the conditions to the grant of its Commerce.
shareholder information; application and/or the information ACTION: Notice of availability of
(2) Relationships with foreign entities; provided to the United States
ehiers on DSK5VPTVN1PROD with PROPOSALS

amendment to fishery management
(3) Financial condition and Government is materially false, plan; request for comments.
circumstances; fictitious, or fraudulent, the applicant
(4) Compliance with applicable laws may be subject to all remedies available SUMMARY: The North Pacific Fishery
and regulations; and to the United States Government, Management Council (Council) has
(5) Business and operational including but not limited to revocation submitted Amendment 113 to the
information, including services to be or termination of the applicant’s Fishery Management Plan for
provided and network infrastructure. Commission authorization, and criminal Groundfish of the Bering Sea and

VerDate Sep<11>2014 14:34 Jul 18, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1

$Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Proposed Rules 46885 components of the Aleutian Islands Aleutian Islands Pacific cod in the Islands Pacific cod. The Council also Catcher Vessel Harvest Set-Aside: upcoming year for the Aleutian Islands determined and NMFS agrees that the • First, ‘‘Aleutian Islands Catcher Vessel Harvest Set-Aside to go notification and performance shoreplant,’’ for purposes of the into effect. Regulations implementing requirements would prevent stranding Aleutian Islands Catcher Vessel Harvest Amendment 113 will specify the date BSAI Pacific cod TAC and preserve Set-Aside, would be defined to mean a and the method by which the City of opportunities for the complete harvest processing facility physically located on Adak or the City of Atka must notify of the BSAI Pacific cod resource. land west of 170 degrees W. long. NMFS. If neither the City of Adak nor • In the Aleutian Islands Pacific cod the City of Atka notifies NMFS by the NMFS is soliciting public comments fishery, up to 5,000 mt of the non-CDQ annual deadline of its intent to process on proposed Amendment 113 through directed fishing allowance would be Aleutian Islands Pacific cod, the Bering the end of the comment period (see reserved exclusively for harvest by Sea Trawl CV A-Season Sector DATES). NMFS intends to publish in the vessels directed fishing for Aleutian Limitation and the Aleutian Islands Federal Register and seek public Islands Pacific cod and delivering their Catcher Vessel Harvest Set-Aside for comment on a proposed rule that would catch for processing to Aleutian Islands Pacific cod would not apply for the implement Amendment 113, following shoreplants from January 1 until March upcoming year. NMFS’ evaluation of the proposed rule 15. This exclusive harvest reservation is • If the entire Aleutian Islands non- under the Magnuson-Stevens Act. All the ‘‘Aleutian Islands Catcher Vessel CDQ Pacific cod directed fishing comments received by the end of the Harvest Set-Aside.’’ Any amount of the allowance is harvested prior to March comment period on Amendment 113, Aleutian Islands Pacific cod non-CDQ 15, the Bering Sea Trawl CV A-Season whether specifically directed to the directed fishing allowance in excess of Sector Limitation and the Aleutian FMP amendment or the proposed rule, the Aleutian Islands Catcher Vessel Islands Catcher Vessel Harvest Set- will be considered in the decision to Harvest Set-Aside would be available Aside for Pacific cod would not apply approve or disapprove Amendment 113. for harvest by all non-CDQ sectors with for the remainder of the year. Comments received after that date may available A-season allocations of Pacific Finally, a section would be added to not be considered in the decision on cod and could be processed by any Appendix A, summarizing the main Amendment 113. To be certain of eligible processor. provisions of Amendment 113. consideration, comments must be • If less than 1,000 mt of the Aleutian The Council considered a range of Islands Catcher Vessel Harvest Set- dates, set-aside amounts, and received by NMFS, not just postmarked Aside has been landed at Aleutian performance requirements before or otherwise transmitted, by the last day Islands shoreplants by February 28, the adopting its preferred alternative for of the comment period. Bering Sea Trawl CV A-Season Sector Amendment 113. The Council Authority: 16 U.S.C. 1801 et seq. Limitation and the Aleutian Islands determined and NMFS agrees that the Dated: July 14, 2016. Catcher Vessel Harvest Set-Aside would combination of measures within Amendment 113 would give Aleutian Emily H. Menashes, be suspended for the remainder of the year. Islands Pacific cod fishery participants Acting Director, Office of Sustainable • Either the City of Adak or the City and Aleutian Islands shoreplants Fisheries, National Marine Fisheries Service. of Atka would be required to notify sufficient opportunity to harvest and [FR Doc. 2016–17051 Filed 7–18–16; 8:45 am] NMFS each year of its intent to process process the set-aside for Aleutian BILLING CODE 3510–22–P ehiers on DSK5VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 14:34 Jul 18, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 E:\FR\FM\19JYP1.SGM 19JYP1$

Document Created: 2016-07-19 01:11:09
Document Modified: 2016-07-19 01:11:09

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		Proposed Rules
Action		Notice of availability of amendment to fishery management plan; request for comments.
Dates		Submit comments on or before September 19, 2016.
Contact		Julie Scheurer, 907-586-7228.
FR Citation		81 FR 46883
RIN Number		0648-BF54

81 FR 46883 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Amendment 113

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 138 (July 19, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration