81 FR 63716 - 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 180 (September 16, 2016)

Page Range		63716-63717
FR Document		2016-22338

NMFS is exchanging allocations of Amendment 80 cooperative quota (CQ) for Amendment 80 acceptable biological catch (ABC) reserves. This action is necessary to allow the 2016 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

Federal Register, Volume 81 Issue 180 (Friday, September 16, 2016)

[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63716-63717]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-22338]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE878

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.

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SUMMARY: NMFS is exchanging allocations of Amendment 80 cooperative
quota (CQ) for Amendment 80 acceptable biological catch (ABC) reserves.
This action is necessary to allow the 2016 total allowable catch of
flathead sole, rock sole, and yellowfin sole in the Bering Sea and
Aleutian Islands management area to be harvested.

DATES: Effective September 16, 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, rock sole, and yellowfin sole Amendment 80
allocations of the total allowable catch (TAC) specified in the BSAI
are 13,753 metric tons (mt), 44,990 mt, and 110,113 mt as established
by the final 2016 and 2017 harvest specifications for groundfish in the
BSAI (81 FR 14773, March 18, 2016). The 2016 flathead sole, rock sole,
and yellowfin sole

[[Page 63717]]

Amendment 80 ABC reserves are 40,408 mt, 92,872 mt, and 60,456 mt as
established by the final 2016 and 2017 harvest specifications for
groundfish in the BSAI (81 FR 14773, March 18, 2016).
The Alaska Seafood cooperative has requested that NMFS exchange
3,900 mt of flathead sole and 1,025 mt of rock sole Amendment 80
allocations of the TAC for 4,925 mt of yellowfin sole Amendment 80 ABC
reserves under Sec. 679.91(i). Therefore, in accordance with Sec.
679.91(i), NMFS exchanges 3,900 mt of flathead sole and 1,025 mt of
rock sole Amendment 80 allocations of the TAC for 4,925 mt of yellowfin
sole Amendment 80 ABC reserves in the BSAI. This action also decreases
and increases the TACs and Amendment 80 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 as revised (81 FR 62833, September 13, 2016) are further
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 16,685 55,425 149,990
CDQ..................................................... 845 749 963 1,832 5,460 16,473
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 9,853 43,965 115,038
Alaska Groundfish Cooperative........................... 3,271 2,947 4,171 1,411 11,129 43,748
Alaska Seafood Cooperative.............................. 2,898 2,611 3,695 8,442 32,836 71,290
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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..................................................... 16,685 55,425 149,990 21,000 57,100 144,000
ABC surplus............................................. 49,565 105,675 61,710 43,580 87,900 59,500
ABC reserve............................................. 49,565 105,675 61,710 43,580 87,900 59,500
CDQ ABC reserve......................................... 5,257 11,778 6,179 4,663 9,405 6,367
Amendment 80 ABC reserve................................ 44,308 93,897 55,531 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\................. 40,163 70,923 31,512 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 Alaska Seafood cooperative 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 September 7, 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: September 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-22338 Filed 9-15-16; 8:45 am]
BILLING CODE 3510-22-P

63716 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations

800 MHz NPSPAC public safety E. Steps Taken To Minimize Significant Federal Communications Commission.
spectrum as required by the Federal Economic Impact on Small Entities and Gloria J. Miles,
Communications Commission.’’ The Significant Alternatives Considered Federal Register Liaison Officer, Office of the
NRPC states that ‘‘Regional Planning Secretary.
Committees consist of public safety 16. The RFA requires an agency to [FR Doc. 2016–22361 Filed 9–15–16; 8:45 am]
volunteer spectrum planners and describe any significant alternatives that BILLING CODE 6712–01–P
members that dedicate their time, in it has considered in reaching its
addition to the time spent in their approach, which may include the
regular positions, to coordinate following four alternatives (among DEPARTMENT OF COMMERCE
spectrum efficiently and effectively for others): (1) The establishment of
the purpose of making it available to differing compliance or reporting National Oceanic and Atmospheric
public safety agency applicants in their requirements or timetables that take into Administration
respective region.’’ There are 54 formed account the resources available to small
RPCs and one unformed RPC. The entities; (2) the clarification, 50 CFR Part 679
Commission has not developed a small consolidation, or simplification of [Docket No. 150916863–6211–02]
business size standard specifically compliance or reporting requirements
applicable to RPCs and the NRPC. The under the rule for small entities; (3) the RIN 0648–XE878
SBA rules, however, contain a use of performance, rather than design,
definition for Wireless Fisheries of the Exclusive Economic
standards; and (4) an exemption from
Telecommunications Carriers (except Zone Off Alaska; Exchange of Flatfish
coverage of the rule, or any part thereof,
Satellite) which encompasses business in the Bering Sea and Aleutian Islands
for small entities. Management Area
entities engaged in radiotelephone
communications employing no more 17. Nonetheless, we recognized there
may arguably be a significant number of AGENCY: National Marine Fisheries
than 1,500 persons. Under this category
small entities currently operating in Service (NMFS), National Oceanic and
and size standard, we estimate that all
FirstNet’s spectrum that would need Atmospheric Administration (NOAA),
of the RPCs and the NRPC can be
relocation. Thus, one mechanism the Commerce.
considered small.
Commission considered to minimize the ACTION: Temporary rule; reallocation.
14. Radio and Television
Broadcasting and Wireless economic burden on incumbent SUMMARY: NMFS is exchanging
Communications Equipment operators was to consider whether allocations of Amendment 80
Manufacturing. The Census Bureau FirstNet or some third party source cooperative quota (CQ) for Amendment
defines this category as follows: ‘‘This could fund relocation, thereby relieving 80 acceptable biological catch (ABC)
industry comprises establishments any incumbent small entities of this reserves. This action is necessary to
primarily engaged in manufacturing potentially substantial economic allow the 2016 total allowable catch of
radio and television broadcast and burden. It also evaluated whether flathead sole, rock sole, and yellowfin
wireless communications equipment. FirstNet could accommodate incumbent sole in the Bering Sea and Aleutian
Examples of products made by these narrowband operations within a portion Islands management area to be
establishments are: Transmitting and of its licensed spectrum, either harvested.
receiving antennas, cable television indefinitely or on a transitional basis.
equipment, GPS equipment, pagers, DATES: Effective September 16, 2016,
cellular phones, mobile F. Federal Rules That May Duplicate, through December 31, 2016.
communications equipment, and radio Overlap, or Conflict With the Proposed FOR FURTHER INFORMATION CONTACT:
and television studio and broadcasting Rules Steve Whitney, 907–586–7228.
equipment.’’ The SBA has developed a SUPPLEMENTARY INFORMATION: NMFS
small business size standard for Radio 18. None. manages the groundfish fishery in the
and Television Broadcasting and G. Report to Congress Bering Sea and Aleutian Islands
Wireless Communications Equipment management area (BSAI) according to
Manufacturing, which is: All such firms 19. The Commission will not send a the Fishery Management Plan for
having 750 or fewer employees. copy of this Report and Order to Groundfish of the Bering Sea and
According to Census Bureau data for Congress and the Government Aleutian Islands Management Area
2007, there were a total of 939 Accountability Office pursuant to the (FMP) prepared by the North Pacific
establishments in this category that Congressional Review Act, see 5 U.S.C. Fishery Management Council under
operated for part or all of the entire year. 801(a)(1)(A), because the Commission authority of the Magnuson-Stevens
According to Census bureau data for did not adopt any rules of particular Fishery Conservation and Management
2007, there were a total of 919 firms in applicability. Act. Regulations governing fishing by
this category that operated for the entire U.S. vessels in accordance with the FMP
year. Of this total, 771 had fewer than Ordering Clauses appear at subpart H of 50 CFR part 600
100 employees and 148 had more than and 50 CFR part 679.
20. Accordingly, it is ordered that,
100 employees. Thus, under that size The 2016 flathead sole, rock sole, and
standard, the majority of firms can be pursuant to sections 1, 4(i), 4(j), 301,
yellowfin sole Amendment 80
considered small. 303, and 316 of the Communications
allocations of the total allowable catch
Act of 1934, as amended, 47 U.S.C. 151, (TAC) specified in the BSAI are 13,753
D. Description of Projected Reporting,
Lhorne on DSK30JT082PROD with RULES

154(i), 154(j), 301, 303, 316, as well as metric tons (mt), 44,990 mt, and 110,113
Recordkeeping and Other Compliance Title VI of the Middle Class Tax Relief
Requirements mt as established by the final 2016 and
and Job Creation Act of 2012, Public 2017 harvest specifications for
15. Our actions will not require any Law 112–96, 126 Stat. 156, the Report groundfish in the BSAI (81 FR 14773,
reporting, recordkeeping or other and Order is hereby adopted. March 18, 2016). The 2016 flathead sole,
compliance requirements. rock sole, and yellowfin sole

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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63717

Amendment 80 ABC reserves are 40,408 sole Amendment 80 allocations of the BSAI. This action also decreases and
mt, 92,872 mt, and 60,456 mt as TAC for 4,925 mt of yellowfin sole increases the TACs and Amendment 80
established by the final 2016 and 2017 Amendment 80 ABC reserves under ABC reserves by the corresponding
harvest specifications for groundfish in § 679.91(i). Therefore, in accordance amounts. Tables 11 and 13 of the final
the BSAI (81 FR 14773, March 18, with § 679.91(i), NMFS exchanges 3,900 2016 and 2017 harvest specifications for
2016). mt of flathead sole and 1,025 mt of rock groundfish in the BSAI (81 FR 14773,
The Alaska Seafood cooperative has sole Amendment 80 allocations of the March 18, 2016) and as revised (81 FR
requested that NMFS exchange 3,900 mt TAC for 4,925 mt of yellowfin sole 62833, September 13, 2016) are further
of flathead sole and 1,025 mt of rock Amendment 80 ABC reserves in the 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 16,685 55,425 149,990
CDQ ......................................................... 845 749 963 1,832 5,460 16,473
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 9,853 43,965 115,038
Alaska Groundfish Cooperative ............... 3,271 2,947 4,171 1,411 11,129 43,748
Alaska Seafood Cooperative ................... 2,898 2,611 3,695 8,442 32,836 71,290
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 Yellowfin 2017 Flathead 2017 Rock 2017 Yellowfin
Sector sole sole sole sole sole sole

ABC .......................................................... 66,250 161,100 211,700 64,580 145,000 203,500
TAC .......................................................... 16,685 55,425 149,990 21,000 57,100 144,000
ABC surplus ............................................. 49,565 105,675 61,710 43,580 87,900 59,500
ABC reserve ............................................. 49,565 105,675 61,710 43,580 87,900 59,500
CDQ ABC reserve ................................... 5,257 11,778 6,179 4,663 9,405 6,367
Amendment 80 ABC reserve ................... 44,308 93,897 55,531 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 .. 40,163 70,923 31,512 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 Alaska Seafood cooperative the BSAI. date of this action under 5 U.S.C.
This action responds to the best Since these fisheries are currently open, 553(d)(3). This finding is based upon
available information recently obtained it is important to immediately inform the reasons provided above for waiver of
from the fishery. The Assistant the industry as to the revised prior notice and opportunity for public
Administrator for Fisheries, NOAA allocations. Immediate notification is comment.
(AA), finds good cause to waive the necessary to allow for the orderly This action is required by § 679.20
requirement to provide prior notice and conduct and efficient operation of this and is exempt from review under
opportunity for public comment fishery, to allow the industry to plan for Executive Order 12866.
pursuant to the authority set forth at 5 the fishing season, and to avoid
potential disruption to the fishing fleet Authority: 16 U.S.C. 1801 et seq.
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public as well as processors. NMFS was unable Dated: September 13, 2016.
interest. This requirement is to 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.
Lhorne on DSK30JT082PROD with RULES

responding to the most recent fisheries available as of September 7, 2016. [FR Doc. 2016–22338 Filed 9–15–16; 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

VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4700 Sfmt 9990 E:\FR\FM\16SER1.SGM 16SER1

Document Created: 2016-09-16 00:25:42
Document Modified: 2016-09-16 00:25:42

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 September 16, 2016, through December 31, 2016.
Contact		Steve Whitney, 907-586-7228.
FR Citation		81 FR 63716
RIN Number		0648-XE87

81 FR 63716 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 180 (September 16, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration