82_FR_51380 82 FR 51168 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

82 FR 51168 - 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 82, Issue 212 (November 3, 2017)

Page Range51168-51169
FR Document2017-24015

NMFS is exchanging unused flathead sole and rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2017 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested by the Aleutian Pribilof Islands Community Development Association (APICDA).

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Rules and Regulations]
[Pages 51168-51169]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24015]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF808


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 unused flathead sole and rock sole 
Community Development Quota (CDQ) for yellowfin sole CDQ acceptable 
biological catch (ABC) reserves in the Bering Sea and Aleutian Islands 
management area. This action is necessary to allow the 2017 total 
allowable catch of yellowfin sole in the Bering Sea and Aleutian 
Islands management area to be harvested by the Aleutian Pribilof 
Islands Community Development Association (APICDA).

DATES: Effective November 3, 2017 through December 31, 2017.

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 2017 flathead sole, rock sole, and yellowfin sole CDQ reserves 
specified in the BSAI are 1,228 metric tons (mt), 5,165 mt, and 16,677 
mt as established by the final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 27, 2017) and revised by 
flatfish exchange (82 FR 49539, October 26, 2017). The 2017 flathead 
sole, rock sole, and yellowfin sole CDQ ABC reserves are 6,078 mt, 
11,431 mt and 11,229 mt as established by the final 2017 and 2018 
harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and revised by flatfish exchange (82 FR 49539, 
October 26, 2017).
    The APICDA has requested that NMFS exchange 100 mt of flathead sole 
sole CDQ reserves and 400 mt of rock sole CDQ reserves for 500 mt of 
yellowfin sole CDQ ABC reserves under Sec.  679.31(d). Therefore, in 
accordance with Sec.  679.31(d), NMFS exchanges 100 mt of flathead sole 
CDQ reserves and 400 mt of rock sole CDQ reserves for 500 mt of 
yellowfin 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 2017 and 2018 harvest 
specifications for groundfish in the BSAI (82 FR 11826, February 27, 
2017), and revised by flatfish exchange (82 FR 49539, October 26, 
2017), are further revised as follows:

 Table 11--Final 2017 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          14,076          46,825         154,699
CDQ.....................................................             845             749             963           1,128           4,765          17,177
ICA.....................................................             100              60              10           4,000           5,000           4,500
BSAI trawl limited access...............................             695             619             161               0               0          18,151
Amendment 80............................................           6,259           5,572           7,866           8,949          37,060         114,871
Alaska Groundfish Cooperative...........................           3,319           2,954           4,171             918           9,168          45,638
Alaska Seafood Cooperative..............................           2,940           2,617           3,695           8,031          27,893          69,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


[[Page 51169]]


 Table 13--Final 2017 and 2018 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2017 Flathead                  2017 Yellowfin   2018 Flathead                  2018 Yellowfin
                         Sector                                sole       2017 Rock sole       sole            sole       2018 Rock sole       sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          68,278         155,100         260,800          66,164         143,100         250,800
TAC.....................................................          14,076          46,825         154,699          14,500          47,100         154,000
ABC surplus.............................................          54,202         108,275         106,101          51,664          96,000          96,800
ABC reserve.............................................          54,202         108,275         106,101          51,664          96,000          96,800
CDQ ABC reserve.........................................           6,178          11,831          10,729           5,528          10,272          10,358
Amendment 80 ABC reserve................................          48,024          96,444          95,372          46,136          85,728          86,442
Alaska Groundfish Cooperative for 2017 \1\..............           4,926          23,857          37,891             n/a             n/a             n/a
Alaska Seafood Cooperative for 2017 \1\.................          43,098          72,587          57,481             n/a             n/a             n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2018 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, 2017.

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 APICDA 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 October 25, 2017.
    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: October 31, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24015 Filed 10-31-17; 4:15 pm]
BILLING CODE 3510-22-P



                                                51168                   Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations

                                                between the time Chinook and coho                                      DEPARTMENT OF COMMERCE                                 Fishery Management Council under
                                                salmon catch and effort projections were                                                                                      authority of the Magnuson-Stevens
                                                developed and fisheries impacts were                                   National Oceanic and Atmospheric                       Fishery Conservation and Management
                                                calculated, and the time the fishery                                   Administration                                         Act. Regulations governing fishing by
                                                modifications had to be implemented in                                                                                        U.S. vessels in accordance with the FMP
                                                order to ensure that fisheries are                                     50 CFR Part 679                                        appear at subpart H of 50 CFR part 600
                                                managed based on the best available                                    [Docket No. 161020985–7181–02]                         and 50 CFR part 679.
                                                scientific information, ensuring that                                  RIN 0648–XF808                                            The 2017 flathead sole, rock sole, and
                                                conservation objectives and Endangered                                                                                        yellowfin sole CDQ reserves specified in
                                                Species Act consultation standards are                                 Fisheries of the Exclusive Economic                    the BSAI are 1,228 metric tons (mt),
                                                not exceeded. The AA also finds good                                   Zone Off Alaska; Exchange of Flatfish                  5,165 mt, and 16,677 mt as established
                                                cause to waive the 30-day delay in                                     in the Bering Sea and Aleutian Islands                 by the final 2017 and 2018 harvest
                                                effectiveness required under 5 U.S.C.                                  Management Area                                        specifications for groundfish in the
                                                553(d)(3), as a delay in effectiveness of                                                                                     BSAI (82 FR 11826, February 27, 2017)
                                                                                                                       AGENCY:  National Marine Fisheries
                                                these actions would allow fishing at                                                                                          and revised by flatfish exchange (82 FR
                                                                                                                       Service (NMFS), National Oceanic and
                                                levels inconsistent with the goals of the                                                                                     49539, October 26, 2017). The 2017
                                                                                                                       Atmospheric Administration (NOAA),
                                                FMP and the current management                                                                                                flathead sole, rock sole, and yellowfin
                                                                                                                       Commerce.
                                                measures.                                                                                                                     sole CDQ ABC reserves are 6,078 mt,
                                                                                                                       ACTION: Temporary rule; reallocation.
                                                                                                                                                                              11,431 mt and 11,229 mt as established
                                                   These actions are authorized by 50
                                                                                                                       SUMMARY:   NMFS is exchanging unused                   by the final 2017 and 2018 harvest
                                                CFR 660.409 and 660.411 and are
                                                                                                                       flathead sole and rock sole Community                  specifications for groundfish in the
                                                exempt from review under Executive                                                                                            BSAI (82 FR 11826, February 27, 2017)
                                                Order 12866.                                                           Development Quota (CDQ) for yellowfin
                                                                                                                       sole CDQ acceptable biological catch                   and revised by flatfish exchange (82 FR
                                                   Authority: 16 U.S.C. 1801 et seq.                                   (ABC) reserves in the Bering Sea and                   49539, October 26, 2017).
                                                  Dated: October 31, 2017.                                             Aleutian Islands management area. This                    The APICDA has requested that
                                                Emily H. Menashes,                                                     action is necessary to allow the 2017                  NMFS exchange 100 mt of flathead sole
                                                                                                                       total allowable catch of yellowfin sole in             sole CDQ reserves and 400 mt of rock
                                                Acting Director, Office of Sustainable
                                                                                                                       the Bering Sea and Aleutian Islands                    sole CDQ reserves for 500 mt of
                                                Fisheries, National Marine Fisheries Service.
                                                                                                                       management area to be harvested by the                 yellowfin sole CDQ ABC reserves under
                                                [FR Doc. 2017–24019 Filed 11–2–17; 8:45 am]
                                                                                                                       Aleutian Pribilof Islands Community                    § 679.31(d). Therefore, in accordance
                                                BILLING CODE 3510–22–P                                                 Development Association (APICDA).                      with § 679.31(d), NMFS exchanges 100
                                                                                                                       DATES: Effective November 3, 2017                      mt of flathead sole CDQ reserves and
                                                                                                                       through December 31, 2017.                             400 mt of rock sole CDQ reserves for 500
                                                                                                                       FOR FURTHER INFORMATION CONTACT:                       mt of yellowfin sole CDQ ABC reserves
                                                                                                                       Steve Whitney, 907–586–7228.                           in the BSAI. This action also decreases
                                                                                                                       SUPPLEMENTARY INFORMATION: NMFS                        and increases the TACs and CDQ ABC
                                                                                                                       manages the groundfish fishery in the                  reserves by the corresponding amounts.
                                                                                                                       Bering Sea and Aleutian Islands                        Tables 11 and 13 of the final 2017 and
                                                                                                                       management area (BSAI) according to                    2018 harvest specifications for
                                                                                                                       the Fishery Management Plan for                        groundfish in the BSAI (82 FR 11826,
                                                                                                                       Groundfish of the Bering Sea and                       February 27, 2017), and revised by
                                                                                                                       Aleutian Islands Management Area                       flatfish exchange (82 FR 49539, October
                                                                                                                       (FMP) prepared by the North Pacific                    26, 2017), are further revised as follows:

                                                 TABLE 11—FINAL 2017 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          14,076            46,825         154,699
                                                CDQ .........................................................                  845               749                  963           1,128             4,765          17,177
                                                ICA ...........................................................                100                60                   10           4,000             5,000           4,500
                                                BSAI trawl limited access ........................                             695               619                  161               0                 0          18,151
                                                Amendment 80 .........................................                       6,259             5,572                7,866           8,949            37,060         114,871
                                                Alaska Groundfish Cooperative ...............                                3,319             2,954                4,171             918             9,168          45,638
jstallworth on DSKBBY8HB2PROD with RULES




                                                Alaska Seafood Cooperative ...................                               2,940             2,617                3,695           8,031            27,893          69,233
                                                   Note: Sector apportionments may not total precisely due to rounding.




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                                                                        Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations                                                      51169

                                                     TABLE 13—FINAL 2017 AND 2018 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]

                                                                                                                     2017                 2017                2017             2018              2018              2018
                                                                          Sector                                 Flathead sole          Rock sole        Yellowfin sole    Flathead sole       Rock sole      Yellowfin sole

                                                ABC ..........................................................          68,278             155,100              260,800           66,164           143,100           250,800
                                                TAC ..........................................................          14,076              46,825              154,699           14,500            47,100           154,000
                                                ABC surplus .............................................               54,202             108,275              106,101           51,664            96,000            96,800
                                                ABC reserve .............................................               54,202             108,275              106,101           51,664            96,000            96,800
                                                CDQ ABC reserve ...................................                      6,178              11,831               10,729            5,528            10,272            10,358
                                                Amendment 80 ABC reserve ...................                            48,024              96,444               95,372           46,136            85,728            86,442
                                                Alaska Groundfish Cooperative for
                                                  2017 1 ...................................................             4,926               23,857              37,891                n/a              n/a                 n/a
                                                Alaska Seafood Cooperative for 2017 1 ..                                43,098               72,587              57,481                n/a              n/a                 n/a
                                                  1 The 2018 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, 2017.


                                                Classification                                                        APICDA in the BSAI. Since these                        date of this action under 5 U.S.C.
                                                   This action responds to the best                                   fisheries are currently open, it is                    553(d)(3). This finding is based upon
                                                available information recently obtained                               important to immediately inform the                    the reasons provided above for waiver of
                                                from the fishery. The Assistant                                       industry as to the revised allocations.                prior notice and opportunity for public
                                                Administrator for Fisheries, NOAA                                     Immediate notification is necessary to                 comment.
                                                (AA), finds good cause to waive the                                   allow for the orderly conduct and
                                                                                                                                                                               This action is required by § 679.20
                                                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
                                                                                                                      season, and to avoid potential                         Executive Order 12866.
                                                pursuant to the authority set forth at 5
                                                U.S.C. 553(b)(B) as such requirement is                               disruption to the fishing fleet as well as               Authority: 16 U.S.C. 1801 et seq.
                                                impracticable and contrary to the public                              processors. NMFS was unable to                           Dated: October 31, 2017.
                                                interest. This requirement is                                         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, 2017.
                                                                                                                                                                             [FR Doc. 2017–24015 Filed 10–31–17; 4:15 pm]
                                                data in a timely fashion and would                                       The AA also finds good cause to
                                                delay the flatfish exchange by the                                    waive the 30-day delay in the effective                BILLING CODE 3510–22–P
jstallworth on DSKBBY8HB2PROD with RULES




                                           VerDate Sep<11>2014        15:05 Nov 02, 2017         Jkt 244001      PO 00000   Frm 00021   Fmt 4700    Sfmt 9990   E:\FR\FM\03NOR1.SGM   03NOR1



Document Created: 2018-10-25 10:22:29
Document Modified: 2018-10-25 10:22:29
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 November 3, 2017 through December 31, 2017.
ContactSteve Whitney, 907-586-7228.
FR Citation82 FR 51168 
RIN Number0648-XF80

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