81 FR 76875 - 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 214 (November 4, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 214 (November 4, 2016)
| Page Range | 76875-76876 | |
| FR Document | 2016-26723 |
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)] [Rules and Regulations] [Pages 76875-76876] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26723] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XF010 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 rock sole Amendment 80 allocations of the total allowable catch for yellowfin sole 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 November 4, 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 9,853 metric tons (mt), 43,965 mt, and 115,038 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) and as revised (81 FR 75740, November 1, 2016). The 2016 flathead sole, rock sole, and yellowfin sole Amendment 80 ABC reserves are 44,308 mt, 93,897 mt, and 55,531 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 850 mt of flathead sole and 1,670 mt of rock sole Amendment 80 allocations of the TAC for 2,520 mt of yellowfin sole Amendment 80 ABC reserves under Sec. 679.91(i). Therefore, in accordance with Sec. 679.91(i), NMFS exchanges 850 mt of flathead sole and 1,670 mt of rock sole Amendment 80 allocations of the TAC for 2,520 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 75740, November 1, 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 15,163 52,659 154,278 [[Page 76876]] CDQ..................................................... 845 749 963 1,160 4,364 18,241 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 9,003 42,295 117,558 Alaska Groundfish Cooperative........................... 3,271 2,947 4,171 1,411 11,129 43,748 Alaska Seafood Cooperative.............................. 2,898 2,611 3,695 7,592 31,166 73,810 -------------------------------------------------------------------------------------------------------------------------------------------------------- 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..................................................... 15,163 52,659 154,278 21,000 57,100 144,000 ABC surplus............................................. 51,087 108,441 57,422 43,580 87,900 59,500 ABC reserve............................................. 51,087 108,441 57,422 43,580 87,900 59,500 CDQ ABC reserve......................................... 5,929 12,874 4,411 4,663 9,405 6,367 Amendment 80 ABC reserve................................ 45,158 95,567 53,011 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\................. 41,013 72,593 28,992 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 October 25, 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: November 1, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-26723 Filed 11-3-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations 76875
vessels permitted in the Atlantic tunas prevent the available quota from being FOR FURTHER INFORMATION CONTACT:
General and HMS Charter/Headboat exceeded any further. Therefore, the AA Steve Whitney, 907–586–7228.
categories (while fishing commercially) finds good cause under 5 U.S.C. SUPPLEMENTARY INFORMATION: NMFS
must cease at 11:30 p.m. local time on 553(b)(B) to waive prior notice and the manages the groundfish fishery in the
November 4, 2016. The General category opportunity for public comment. For all Bering Sea and Aleutian Islands
will reopen automatically on January 1, of the above reasons, there is good cause management area (BSAI) according to
2017, for the January through March under 5 U.S.C. 553(d) to waive the 30- the Fishery Management Plan for
2017 subperiod. This action applies to day delay in effectiveness. Groundfish of the Bering Sea and
Atlantic tunas General category This action is being taken under Aleutian Islands Management Area
(commercial) permitted vessels and § 635.28(a)(1), and is exempt from (FMP) prepared by the North Pacific
Highly Migratory Species (HMS) review under Executive Order 12866. Fishery Management Council under
Charter/Headboat category permitted Authority: 16 U.S.C. 971 et seq. and 1801 authority of the Magnuson-Stevens
vessels when fishing commercially for et seq. Fishery Conservation and Management
BFT, and is taken consistent with the Act. Regulations governing fishing by
regulations at § 635.28(a)(1). The intent Dated: November 1, 2016.
Emily H. Menashes, U.S. vessels in accordance with the FMP
of this closure is to prevent any further appear at subpart H of 50 CFR part 600
overharvest of the available 2016 Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. and 50 CFR part 679.
General category quota.
Fishermen may catch and release (or [FR Doc. 2016–26718 Filed 11–1–16; 4:15 pm]
The 2016 flathead sole, rock sole, and
tag and release) BFT of all sizes, subject yellowfin sole Amendment 80
BILLING CODE 3510–22–P
to the requirements of the catch-and- allocations of the total allowable catch
release and tag-and-release programs at (TAC) specified in the BSAI are 9,853
§ 635.26. Anglers are also reminded that DEPARTMENT OF COMMERCE metric tons (mt), 43,965 mt, and 115,038
all BFT that are released must be mt as established by the final 2016 and
handled in a manner that will maximize National Oceanic and Atmospheric 2017 harvest specifications for
survival, and without removing the fish Administration groundfish in the BSAI (81 FR 14773,
from the water, consistent with March 18, 2016) and as revised (81 FR
requirements at § 635.21(a)(1). For 50 CFR Part 679 75740, November 1, 2016). The 2016
additional information on safe handling, flathead sole, rock sole, and yellowfin
[Docket No. 150916863–6211–02] sole Amendment 80 ABC reserves are
see the ‘‘Careful Catch and Release’’
brochure available RIN 0648–XF010 44,308 mt, 93,897 mt, and 55,531 mt as
atwww.nmfs.noaa.gov/sfa/hms/. established by the final 2016 and 2017
Fisheries of the Exclusive Economic harvest specifications for groundfish in
Classification Zone Off Alaska; Exchange of Flatfish the BSAI (81 FR 14773, March 18,
The Assistant Administrator for in the Bering Sea and Aleutian Islands 2016).
NMFS (AA) finds that it is impracticable Management Area The Alaska Seafood cooperative has
and contrary to the public interest to requested that NMFS exchange 850 mt
provide prior notice of, and an AGENCY: National Marine Fisheries of flathead sole and 1,670 mt of rock
opportunity for public comment on, this Service (NMFS), National Oceanic and sole Amendment 80 allocations of the
action for the following reasons: Atmospheric Administration (NOAA), TAC for 2,520 mt of yellowfin sole
The regulations implementing the Commerce. Amendment 80 ABC reserves under
2006 Consolidated HMS FMP and ACTION: Temporary rule; reallocation. § 679.91(i). Therefore, in accordance
amendments provide for inseason with § 679.91(i), NMFS exchanges 850
retention limit adjustments and fishery SUMMARY: NMFS is exchanging unused mt of flathead sole and 1,670 mt of rock
closures to respond to the unpredictable flathead sole and rock sole Amendment sole Amendment 80 allocations of the
nature of BFT availability on the fishing 80 allocations of the total allowable TAC for 2,520 mt of yellowfin sole
grounds, the migratory nature of this catch for yellowfin sole Amendment 80 Amendment 80 ABC reserves in the
species, and the regional variations in acceptable biological catch (ABC) BSAI. This action also decreases and
the BFT fishery. These fisheries are reserves. This action is necessary to increases the TACs and Amendment 80
currently underway and delaying this allow the 2016 total allowable catch of ABC reserves by the corresponding
action would be contrary to the public flathead sole, rock sole, and yellowfin amounts. Tables 11 and 13 of the final
interest as it could result in excessive sole in the Bering Sea and Aleutian 2016 and 2017 harvest specifications for
BFT landings that may result in future Islands management area to be groundfish in the BSAI (81 FR 14773,
potential quota reductions for the harvested. March 18, 2016) and as revised (81 FR
General category. NMFS must close the DATES: Effective November 4, 2016, 75740, November 1, 2016) are further
General category fishery for 2016 to through December 31, 2016. 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]
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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 15,163 52,659 154,278
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![76876 Federal Register / Vol. 81, No. 214 / Friday, November 4, 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 sole Rock sole Yellowfin sole
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
CDQ ......................................................... 845 749 963 1,160 4,364 18,241
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 9,003 42,295 117,558
Alaska Groundfish Cooperative ............... 3,271 2,947 4,171 1,411 11,129 43,748
Alaska Seafood Cooperative ................... 2,898 2,611 3,695 7,592 31,166 73,810
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 .......................................................... 15,163 52,659 154,278 21,000 57,100 144,000
ABC surplus ............................................. 51,087 108,441 57,422 43,580 87,900 59,500
ABC reserve ............................................. 51,087 108,441 57,422 43,580 87,900 59,500
CDQ ABC reserve ................................... 5,929 12,874 4,411 4,663 9,405 6,367
Amendment 80 ABC reserve ................... 45,158 95,567 53,011 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 .. 41,013 72,593 28,992 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
the fishing season, and to avoid Executive Order 12866.
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is potential disruption to the fishing fleet Authority: 16 U.S.C. 1801 et seq.
impracticable and contrary to the public as well as processors. NMFS was unable Dated: November 1, 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
recent, relevant data only became Acting Director, Office of Sustainable
interest as it would prevent NMFS from Fisheries, National Marine Fisheries Service.
responding to the most recent fisheries available as of October 25, 2016.
[FR Doc. 2016–26723 Filed 11–3–16; 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
rmajette on DSK2TPTVN1PROD with RULES
VerDate Sep<11>2014 11:51 Nov 03, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 E:\FR\FM\04NOR1.SGM 04NOR1](https://thefederalregister.org/doc/81_FR_77089/page/2.svg)
Document Created: 2018-02-14 08:26:08
Document Modified: 2018-02-14 08:26:08
| 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 November 4, 2016, through December 31, 2016. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 81 FR 76875 | |
| RIN Number | 0648-XF01 |
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