83_FR_50229 83 FR 50036 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

83 FR 50036 - 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 83, Issue 193 (October 4, 2018)

Page Range50036-50037
FR Document2018-21600

NMFS is exchanging allocations of Amendment 80 cooperative quota (CQ) for Amendment 80 acceptable biological catch (ABC) reserves and Community Development Quota (CDQ) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2018 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 83 Issue 193 (Thursday, October 4, 2018)
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50036-50037]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21600]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8186-02]
RIN 0648-XG508


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 
and Community Development Quota (CDQ) reserves in the Bering Sea and 
Aleutian Islands management area. This action is necessary to allow the 
2018 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 October 4, 2018 through December 31, 2018.

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 2018 flathead sole, rock sole, and yellowfin sole Amendment 80 
allocations of the total allowable catch (TAC) specified in the BSAI 
are 8,949 metric tons (mt), 36,060 mt, and 115,171 mt as established by 
the final 2018 and 2019 harvest specifications for groundfish in the 
BSAI (83 FR 8365, February 27, 2018). The 2018 flathead sole, rock 
sole, and yellowfin sole Amendment 80 ABC reserves are 46,680 mt, 
85,728 mt, and 110,286 mt as established by the final 2018 and 2019 
harvest specifications for groundfish in the BSAI (83 FR 8365, February 
27, 2018). The 2018 flathead sole, rock sole, and yellowfin sole CDQ 
reserves specified in the BSAI are 1,552 mt, 5,040 mt, and 16,478 mt as 
established by the final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 8365, February 27, 2018). The 2018 
flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 5,593 
mt, 10,272 mt, and 13,215 mt as established by the final 2018 and 2019 
harvest specifications for groundfish in the BSAI (83 FR 8365, February 
27, 2018).
    The Alaska Seafood Cooperative has requested that NMFS exchange 
3,650 mt of rock sole Amendment 80 allocations of the TAC for 2,650 mt 
of flathead sole and 1,000 mt of yellowfin sole Amendment 80 ABC 
reserves under Sec.  679.91(i). Therefore, in accordance with Sec.  
679.91(i), NMFS exchanges 3,650 mt of rock sole Amendment 80 
allocations of the TAC for 2,650 mt of flathead sole and 1,000 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.
    The Aleutian Pribilof Island Community Development Association has 
requested that NMFS exchange 250 mt of rock sole CDQ reserves for 250 
mt of yellowfin sole CDQ ABC reserves under Sec.  679.31(d). Therefore, 
in accordance with Sec.  679.31(d), NMFS exchanges 250 mt of rock sole 
CDQ reserves for 250 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.
    The Coastal Villages Regional Fund has requested that NMFS exchange 
45 mt of flathead sole CDQ reserves and 250 mt of rock sole CDQ 
reserves for 295 mt of yellowfin sole CDQ ABC reserves under Sec.  
679.31(d). Therefore, in accordance with Sec.  679.31(d), NMFS 
exchanges 45 mt of flathead sole CDQ reserves and 250 mt of rock sole 
CDQ reserves for 295 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 2018 and 2019 harvest specifications 
for groundfish in the BSAI (83 FR 8365, February 27, 2018), are revised 
as follows:

[[Page 50037]]



 Table 11--Final 2018 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.....................................................           9,000           7,500           9,000          17,105          42,950         155,545
CDQ.....................................................             963             803             963           1,507           4,540          17,023
ICA.....................................................             100             120              10           4,000           6,000           4,000
BSAI trawl limited access...............................             794             658             161               0               0          18,351
Amendment 80............................................           7,143           5,920           7,866          11,599          32,410         116,171
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 13--Final 2018 and 2019 ABC Surplus, ABC Reserves, 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2018 Flathead                  2018 Yellowfin     2019 \1\      2019 \1\ Rock     2019 \1\
                         Sector                                sole       2018 Rock sole       sole        Flathead sole       sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          66,773         143,100         277,500          65,227         132,000         267,500
TAC.....................................................          17,105          42,950         155,545          16,500          49,100         156,000
ABC surplus.............................................          49,668         100,150         121,955          48,727          82,900         111,500
ABC reserve.............................................          49,668         100,150         121,955          48,727          82,900         111,500
CDQ ABC reserve.........................................           5,638          10,772          12,670           5,214           8,870          11,931
Amendment 80 ABC reserve................................          44,030          89,378         109,286          43,513          74,030          99,570
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2019 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, 2018.

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 Aleutian Pribilof Island Community Development Association, and the 
Coastal Villages Regional Fund 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 
September 21, 2018.
    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 28, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-21600 Filed 10-3-18; 8:45 am]
BILLING CODE 3510-22-P



                                             50036             Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations

                                             large print, computer diskettes, or audio                DEPARTMENT OF COMMERCE                                harvest specifications for groundfish in
                                             recordings), please send an email to                                                                           the BSAI (83 FR 8365, February 27,
                                             FCC504@fcc.gov or call the Consumer &                    National Oceanic and Atmospheric                      2018). The 2018 flathead sole, rock sole,
                                             Government Affairs Bureau at (202)                       Administration                                        and yellowfin sole CDQ reserves
                                             418–0530 (VOICE), (202) 418–0432                                                                               specified in the BSAI are 1,552 mt,
                                             (TTY).                                                   50 CFR Part 679                                       5,040 mt, and 16,478 mt as established
                                                                                                      [Docket No. 170817779–8186–02]                        by the final 2018 and 2019 harvest
                                                This document does not contain
                                                                                                                                                            specifications for groundfish in the
                                             information collection requirements                      RIN 0648–XG508                                        BSAI (83 FR 8365, February 27, 2018).
                                             subject to the Paperwork Reduction Act                                                                         The 2018 flathead sole, rock sole, and
                                             of 1995, Public Law 104–13. In addition,                 Fisheries of the Exclusive Economic
                                                                                                                                                            yellowfin sole CDQ ABC reserves are
                                             therefore, it does not contain any                       Zone Off Alaska; Exchange of Flatfish
                                                                                                                                                            5,593 mt, 10,272 mt, and 13,215 mt as
                                             proposed information collection burden                   in the Bering Sea and Aleutian Islands
                                                                                                                                                            established by the final 2018 and 2019
                                             ‘‘for small business concerns with fewer                 Management Area
                                                                                                                                                            harvest specifications for groundfish in
                                             than 25 employees,’’ pursuant to the                     AGENCY:  National Marine Fisheries                    the BSAI (83 FR 8365, February 27,
                                             Small Business Paperwork Relief Act of                   Service (NMFS), National Oceanic and                  2018).
                                             2002, Public Law 107–198, see 44 U.S.C.                  Atmospheric Administration (NOAA),                       The Alaska Seafood Cooperative has
                                             3506(c)(4). Provisions of the Regulatory                 Commerce.                                             requested that NMFS exchange 3,650 mt
                                             Flexibility Act of 1980, 5 U.S.C. 601–                   ACTION: Temporary rule; reallocation.                 of rock sole Amendment 80 allocations
                                             612, do not apply to this proceeding.                                                                          of the TAC for 2,650 mt of flathead sole
                                                                                                      SUMMARY:   NMFS is exchanging                         and 1,000 mt of yellowfin sole
                                                The Commission will send a copy of                    allocations of Amendment 80
                                             this Report and Order in a report to be                                                                        Amendment 80 ABC reserves under
                                                                                                      cooperative quota (CQ) for Amendment                  § 679.91(i). Therefore, in accordance
                                             sent to Congress and the Government                      80 acceptable biological catch (ABC)
                                             Accountability Office pursuant to the                                                                          with § 679.91(i), NMFS exchanges 3,650
                                                                                                      reserves and Community Development                    mt of rock sole Amendment 80
                                             Congressional Review Act, 5 U.S.C.                       Quota (CDQ) reserves in the Bering Sea                allocations of the TAC for 2,650 mt of
                                             801(a)(1)(A).                                            and Aleutian Islands management area.                 flathead sole and 1,000 mt of yellowfin
                                             List of Subjects in 47 CFR Part 73                       This action is necessary to allow the                 sole Amendment 80 ABC reserves in the
                                                                                                      2018 total allowable catch of flathead                BSAI. This action also decreases and
                                                 Television.                                          sole, rock sole, and yellowfin sole in the            increases the TACs and Amendment 80
                                             Federal Communications Commission.
                                                                                                      Bering Sea and Aleutian Islands                       ABC reserves by the corresponding
                                                                                                      management area to be harvested.                      amounts.
                                             Barbara Kreisman,
                                                                                                      DATES: Effective October 4, 2018                         The Aleutian Pribilof Island
                                             Chief, Video Division, Media Bureau.                     through December 31, 2018.                            Community Development Association
                                             Final Rule                                               FOR FURTHER INFORMATION CONTACT:                      has requested that NMFS exchange 250
                                                                                                      Steve Whitney, 907–586–7228.                          mt of rock sole CDQ reserves for 250 mt
                                               For the reasons discussed in the                       SUPPLEMENTARY INFORMATION: NMFS                       of yellowfin sole CDQ ABC reserves
                                             preamble, the Federal Communications                     manages the groundfish fishery in the                 under § 679.31(d). Therefore, in
                                             Commission amends 47 CFR part 73 as                      Bering Sea and Aleutian Islands                       accordance with § 679.31(d), NMFS
                                             follows:                                                 management area (BSAI) according to                   exchanges 250 mt of rock sole CDQ
                                                                                                      the Fishery Management Plan for                       reserves for 250 mt of yellowfin sole
                                             ■ 1. The authority citation for part 73
                                                                                                      Groundfish of the Bering Sea and                      CDQ ABC reserves in the BSAI. This
                                             continues to read as follows:
                                                                                                      Aleutian Islands Management Area                      action also decreases and increases the
                                               Authority: 47 U.S.C. 154, 303, 334, 336,               (FMP) prepared by the North Pacific                   TACs and CDQ ABC reserves by the
                                             and 339.                                                 Fishery Management Council under                      corresponding amounts.
                                                                                                      authority of the Magnuson-Stevens                        The Coastal Villages Regional Fund
                                             § 73.622   [Amended]
                                                                                                      Fishery Conservation and Management                   has requested that NMFS exchange 45
                                             ■ 2. Amend § 73.622(i) in the Post-                      Act. Regulations governing fishing by                 mt of flathead sole CDQ reserves and
                                             Transition Table of DTV Allotments                       U.S. vessels in accordance with the FMP               250 mt of rock sole CDQ reserves for 295
                                             under Rhode Island by removing Block                     appear at subpart H of 50 CFR part 600                mt of yellowfin sole CDQ ABC reserves
                                             Island, channel 17, and adding, in                       and 50 CFR part 679.                                  under § 679.31(d). Therefore, in
                                             alphabetical order, Newport, channel                        The 2018 flathead sole, rock sole, and             accordance with § 679.31(d), NMFS
                                                                                                      yellowfin sole Amendment 80                           exchanges 45 mt of flathead sole CDQ
                                             17.
                                                                                                      allocations of the total allowable catch              reserves and 250 mt of rock sole CDQ
                                             [FR Doc. 2018–21071 Filed 10–3–18; 8:45 am]              (TAC) specified in the BSAI are 8,949                 reserves for 295 mt of yellowfin sole
                                             BILLING CODE 6712–01–P                                   metric tons (mt), 36,060 mt, and 115,171              CDQ ABC reserves in the BSAI. This
                                                                                                      mt as established by the final 2018 and               action also decreases and increases the
                                                                                                      2019 harvest specifications for                       TACs and CDQ ABC reserves by the
                                                                                                      groundfish in the BSAI (83 FR 8365,                   corresponding amounts.
                                                                                                      February 27, 2018). The 2018 flathead                    Tables 11 and 13 of the final 2018 and
                                                                                                      sole, rock sole, and yellowfin sole                   2019 harvest specifications for
                                                                                                      Amendment 80 ABC reserves are 46,680                  groundfish in the BSAI (83 FR 8365,
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                                                                                                      mt, 85,728 mt, and 110,286 mt as                      February 27, 2018), are revised as
                                                                                                      established by the final 2018 and 2019                follows:




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                                                                     Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations                                                        50037

                                              TABLE 11—FINAL 2018 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 ..........................................................                9,000             7,500                9,000          17,105              42,950         155,545
                                             CDQ .........................................................                   963               803                  963           1,507               4,540          17,023
                                             ICA ...........................................................                 100               120                   10           4,000               6,000           4,000
                                             BSAI trawl limited access ........................                              794               658                  161               0                   0          18,351
                                             Amendment 80 .........................................                        7,143             5,920                7,866          11,599              32,410         116,171
                                                Note: Sector apportionments may not total precisely due to rounding.

                                               TABLE 13—FINAL 2018 AND 2019 ABC SURPLUS, ABC RESERVES, 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]

                                                                                                                    2018                 2018                2018             2019 1           2019 1             2019 1
                                                                       Sector                                   Flathead sole          Rock sole        Yellowfin sole    Flathead sole       Rock sole       Yellowfin sole

                                             ABC ..........................................................               66,773          143,100               277,500          65,227           132,000           267,500
                                             TAC ..........................................................               17,105           42,950               155,545          16,500            49,100           156,000
                                             ABC surplus .............................................                    49,668          100,150               121,955          48,727            82,900           111,500
                                             ABC reserve .............................................                    49,668          100,150               121,955          48,727            82,900           111,500
                                             CDQ ABC reserve ...................................                           5,638           10,772                12,670           5,214             8,870            11,931
                                             Amendment 80 ABC reserve ...................                                 44,030           89,378               109,286          43,513            74,030            99,570
                                               1 The 2019 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, 2018.


                                             Classification                                                         Aleutian Pribilof Island Community                        The AA also finds good cause to
                                                This action responds to the best                                    Development Association, and the                        waive the 30-day delay in the effective
                                             available information recently obtained                                Coastal Villages Regional Fund in the                   date of this action under 5 U.S.C.
                                             from the fishery. The Assistant                                        BSAI. Since these fisheries are currently               553(d)(3). This finding is based upon
                                             Administrator for Fisheries, NOAA                                      open, it is important to immediately                    the reasons provided above for waiver of
                                             (AA), finds good cause to waive the                                    inform the industry as to the revised                   prior notice and opportunity for public
                                             requirement to provide prior notice and                                allocations. Immediate notification is                  comment.
                                             opportunity for public comment                                         necessary to allow for the orderly                        This action is required by § 679.20
                                             pursuant to the authority set forth at 5                               conduct and efficient operation of this                 and is exempt from review under
                                             U.S.C. 553(b)(B) as such requirement is                                fishery, to allow the industry to plan for              Executive Order 12866.
                                             impracticable and contrary to the public                               the fishing season, and to avoid                          Authority: 16 U.S.C. 1801 et seq.
                                             interest. This requirement is                                          potential disruption to the fishing fleet
                                             impracticable and contrary to the public                                                                                         Dated: September 28, 2018.
                                                                                                                    as well as processors. NMFS was unable
                                             interest as it would prevent NMFS from                                                                                         Margo B. Schulze-Haugen,
                                                                                                                    to publish a notice providing time for
                                             responding to the most recent fisheries                                                                                        Acting Director, Office of Sustainable
                                                                                                                    public comment because the most                         Fisheries, National Marine Fisheries Service.
                                             data in a timely fashion and would                                     recent, relevant data only became
                                             delay the flatfish exchange by the                                                                                             [FR Doc. 2018–21600 Filed 10–3–18; 8:45 am]
                                                                                                                    available as of September 21, 2018.
                                             Alaska Seafood Cooperative, the                                                                                                BILLING CODE 3510–22–P
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Document Created: 2018-10-04 02:03:21
Document Modified: 2018-10-04 02:03:21
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 October 4, 2018 through December 31, 2018.
ContactSteve Whitney, 907-586-7228.
FR Citation83 FR 50036 
RIN Number0648-XG50

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