81_FR_48865 81 FR 48722 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

81 FR 48722 - 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 143 (July 26, 2016)

Page Range48722-48723
FR Document2016-17593

NMFS is exchanging unused flathead 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 flathead sole and rock sole in the Bering Sea and Aleutian Islands management area to be harvested.

Federal Register, Volume 81 Issue 143 (Tuesday, July 26, 2016)
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Rules and Regulations]
[Pages 48722-48723]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17593]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE745


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

DATES: Effective July 26, 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 flathead sole and rock sole CDQ reserves specified in the 
BSAI are 2,232 metric tons (mt), and 5,760 mt as established by the 
final 2016 and 2017 harvest specifications for groundfish in the BSAI 
(81 FR 14773, March 18, 2016) and following revision (81 FR 41253, June 
24, 2016). The 2016 flathead sole and rock sole CDQ ABC reserves are 
4,857 mt and 11,478 mt as established by the final 2016 and 2017 
harvest specifications for groundfish in the BSAI (81 FR 14773, March 
18, 2016) and following revision (81 FR 41253, June 24, 2016).
    The Norton Sound Economic Development Corporation has requested 
that NMFS exchange 400 mt of flathead sole CDQ reserves for 400 mt of 
rock sole CDQ ABC reserves under Sec.  679.31(d). Therefore, in 
accordance with Sec.  679.31(d), NMFS exchanges 400 mt of flathead sole 
CDQ reserves for 400 mt of rock 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), and following revision (81 FR 41253, June 24, 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            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           7,900           7,000           9,000          20,585          57,150         144,365
CDQ.....................................................             845             749             963           1,832           6,160          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.


[[Page 48723]]


 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 Yellowfin   2017 Flathead                  2017 Yellowfin
                         Sector                                sole       2016 Rock sole       sole            sole       2017 Rock sole       sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          66,250         161,100         211,700          64,580         145,000         203,500
TAC.....................................................          20,585          57,150         144,365          21,000          57,100         144,000
ABC surplus.............................................          45,665         103,950          67,335          43,580          87,900          59,500
ABC reserve.............................................          45,665         103,950          67,335          43,580          87,900          59,500
CDQ ABC reserve.........................................           5,257          11,078           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 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 July 
14, 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: July 20, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-17593 Filed 7-25-16; 8:45 am]
 BILLING CODE 3510-22-P



                                             48722                      Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations

                                               Dated: July 21, 2016.                                                 apportioned equally between the two                    SUPPLEMENTARY INFORMATION:     NMFS
                                             Samuel D. Rauch III,                                                    semiannual fishing seasons.                            manages the groundfish fishery in the
                                             Deputy Assistant Administrator for                                        (iii) The dressed weight equivalent of               Bering Sea and Aleutian Islands
                                             Regulatory Programs, National Marine                                    the amount by which dead discards                      management area (BSAI) according to
                                             Fisheries Service.                                                      exceed the allowance specified at                      the Fishery Management Plan for
                                               For reasons set out in the preamble,                                  paragraph (c)(1)(i)(C) of this section will            Groundfish of the Bering Sea and
                                             50 CFR part 635 is amended as follows:                                  be subtracted from the landings quota in               Aleutian Islands Management Area
                                                                                                                     the following fishing year or from the                 (FMP) prepared by the North Pacific
                                             PART 635—ATLANTIC HIGHLY                                                reserve category.                                      Fishery Management Council under
                                             MIGRATORY SPECIES                                                       *      *    *    *     *                               authority of the Magnuson-Stevens
                                                                                                                     [FR Doc. 2016–17630 Filed 7–25–16; 8:45 am]            Fishery Conservation and Management
                                             ■ 1. The authority citation for part 635
                                             continues to read as follows:
                                                                                                                     BILLING CODE 3510–22–P                                 Act. Regulations governing fishing by
                                                                                                                                                                            U.S. vessels in accordance with the FMP
                                               Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.                                                                                  appear at subpart H of 50 CFR part 600
                                             1801 et seq.                                                            DEPARTMENT OF COMMERCE                                 and 50 CFR part 679.
                                             ■ 2. In § 635.27, revise paragraph (c)(3)                                                                                        The 2016 flathead sole and rock sole
                                                                                                                     National Oceanic and Atmospheric
                                             to read as follows:                                                                                                            CDQ reserves specified in the BSAI are
                                                                                                                     Administration
                                             § 635.27        Quotas.                                                                                                        2,232 metric tons (mt), and 5,760 mt as
                                             *       *     *     *    *                                              50 CFR Part 679                                        established by the final 2016 and 2017
                                                (c) * * *                                                                                                                   harvest specifications for groundfish in
                                                                                                                     [Docket No. 150916863–6211–02]
                                                (3) Annual adjustments. NMFS will                                                                                           the BSAI (81 FR 14773, March 18, 2016)
                                             file with the Office of the Federal                                     RIN 0648–XE745                                         and following revision (81 FR 41253,
                                             Register for publication notice of the                                                                                         June 24, 2016). The 2016 flathead sole
                                                                                                                     Fisheries of the Exclusive Economic                    and rock sole CDQ ABC reserves are
                                             following adjustments to or                                             Zone Off Alaska; Exchange of Flatfish
                                             apportionments of the annual quota:                                                                                            4,857 mt and 11,478 mt as established
                                                                                                                     in the Bering Sea and Aleutian Islands                 by the final 2016 and 2017 harvest
                                                (i) Adjustments to the quota necessary                               Management Area
                                             to meet the objectives of the                                                                                                  specifications for groundfish in the
                                             Consolidated Highly Migratory Species                                   AGENCY:  National Marine Fisheries                     BSAI (81 FR 14773, March 18, 2016)
                                             Fishery Management Plan consistent                                      Service (NMFS), National Oceanic and                   and following revision (81 FR 41253,
                                             with the quota provisions of paragraph                                  Atmospheric Administration (NOAA),                     June 24, 2016).
                                             (c)(1) of this section.                                                 Commerce.                                                The Norton Sound Economic
                                                (ii) If consistent with applicable                                   ACTION: Temporary rule; reallocation.                  Development Corporation has requested
                                             ICCAT recommendations, total landings                                                                                          that NMFS exchange 400 mt of flathead
                                             above or below the specific North                                       SUMMARY:   NMFS is exchanging unused                   sole CDQ reserves for 400 mt of rock
                                             Atlantic or South Atlantic swordfish                                    flathead sole Community Development                    sole CDQ ABC reserves under
                                             annual quota will be subtracted from, or                                Quota (CDQ) for rock sole CDQ                          § 679.31(d). Therefore, in accordance
                                             added to, the following year’s quota for                                acceptable biological catch (ABC)                      with § 679.31(d), NMFS exchanges 400
                                             that area. As necessary to meet                                         reserves in the Bering Sea and Aleutian                mt of flathead sole CDQ reserves for 400
                                             management objectives, such                                             Islands management area. This action is                mt of rock sole CDQ ABC reserves in the
                                             adjustments may be apportioned to                                       necessary to allow the 2016 total                      BSAI. This action also decreases and
                                             fishing categories and/or to the reserve.                               allowable catch of flathead sole and                   increases the TACs and CDQ ABC
                                             Carryover adjustments for the North                                     rock sole in the Bering Sea and Aleutian               reserves by the corresponding amounts.
                                             Atlantic shall be limited to 15 percent                                 Islands management area to be                          Tables 11 and 13 of the final 2016 and
                                             of the annual baseline quota allocation.                                harvested.                                             2017 harvest specifications for
                                             Carryover adjustments for the South                                     DATES: Effective July 26, 2016 through                 groundfish in the BSAI (81 FR 14773,
                                             Atlantic shall be limited to 100 mt ww                                  December 31, 2016.                                     March 18, 2016), and following revision
                                             (75.2 mt dw). Any adjustments to the                                    FOR FURTHER INFORMATION CONTACT:                       (81 FR 41253, June 24, 2016), are
                                             12-month directed fishery quota will be                                 Steve Whitney, 907–586–7228.                           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            BSAI
                                                                                                                   District           District               District

                                             TAC ..........................................................               7,900              7,000                9,000             20,585        57,150         144,365
                                             CDQ .........................................................                  845                749                  963              1,832         6,160          15,773
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                                             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.



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                                                                        Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations                                                       48723

                                                  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 ..........................................................              20,585            57,150             144,365              21,000         57,100           144,000
                                             ABC surplus .............................................                   45,665           103,950              67,335              43,580         87,900            59,500
                                             ABC reserve .............................................                   45,665           103,950              67,335              43,580         87,900            59,500
                                             CDQ ABC reserve ...................................                          5,257            11,078               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                                                         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: July 20, 2016.
                                             impracticable and contrary to the public                               processors. NMFS was unable to
                                             interest. This requirement is                                          publish a notice providing time for                    Emily H. Menashes,
                                             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 July 14, 2016.                         [FR Doc. 2016–17593 Filed 7–25–16; 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
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Document Created: 2018-02-08 08:00:34
Document Modified: 2018-02-08 08:00:34
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 July 26, 2016 through December 31, 2016.
ContactSteve Whitney, 907-586-7228.
FR Citation81 FR 48722 
RIN Number0648-XE74

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