83 FR 60784 - 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 228 (November 27, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60784-60785 | |
| FR Document | 2018-25765 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Rules and Regulations] [Pages 60784-60785] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25765] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG648 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 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 2018 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested. DATES: Effective November 27, 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 rock sole and yellowfin sole CDQ reserves specified in the BSAI are 4,540 metric tons (mt) and 17,023 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018). The 2018 rock sole and yellowfin sole CDQ ABC reserves are 10,772 mt and 12,670 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018). The Norton Sound Economic Development Corporation has requested that NMFS exchange 400 mt of rock sole CDQ reserves for 400 mt of yellowfin sole CDQ ABC reserves under Sec. 679.31(d). Therefore, in accordance with Sec. 679.31(d), NMFS exchanges 400 mt of rock sole CDQ reserves for 400 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) and revised by flatfish exchange (83 FR 50036, October 4, 2018), are further revised as follows: [[Page 60785]] 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 42,550 155,945 CDQ..................................................... 963 803 963 1,507 4,140 17,423 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 42,550 155,945 16,500 49,100 156,000 ABC surplus............................................. 49,668 100,550 121,555 48,727 82,900 111,500 ABC reserve............................................. 49,668 100,550 121,555 48,727 82,900 111,500 CDQ ABC reserve......................................... 5,638 11,172 12,270 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 Norton Sound Economic Development Corporation in the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 19, 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: November 20, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-25765 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
![60784 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
and hammerhead sharks starting in beneficial cumulative economic acceptable biological catch (ABC)
January. The opening date and retention impacts, because it allows for a more reserves in the Bering Sea and Aleutian
limits finalized in this rule for the equitable distribution of the quotas Islands management area. This action is
Atlantic region are the same as those for among constituents in this region, necessary to allow the 2018 total
the current year and similar to those for consistent with the 2006 Consolidated allowable catch of yellowfin sole in the
the 2016, 2017, and 2018 years. HMS FMP and its amendments. Bering Sea and Aleutian Islands
Based on past public comments, some Section 212 of the Small Business management area to be harvested.
Atlantic fishermen in the southern and Regulatory Enforcement Fairness Act of DATES: Effective November 27, 2018
northern parts of the region prefer a 1996 states that, for each rule or group through December 31, 2018.
January 1 opening for the fishery as long of related rules for which an agency is
as the majority of the quota is available required to prepare a FRFA, the agency FOR FURTHER INFORMATION CONTACT:
later in the year. Along with the shall publish one or more guides to Steve Whitney, 907–586–7228.
inseason retention limit adjustment assist small entities in complying with SUPPLEMENTARY INFORMATION: NMFS
criteria in § 635.24(a)(8), NMFS the rule, and shall designate such manages the groundfish fishery in the
monitors the quota through the HMS publications as ‘‘small entity Bering Sea and Aleutian Islands
electronic reporting system on a real- compliance guides.’’ The agency shall management area (BSAI) according to
time basis. This allows NMFS the explain the actions a small entity is the Fishery Management Plan for
flexibility to further provide equitable required to take to comply with a rule Groundfish of the Bering Sea and
fishing opportunities for fishermen or group of rules. As part of this Aleutian Islands Management Area
across all regions, to the extent rulemaking process, NMFS has prepared (FMP) prepared by the North Pacific
practicable. The direct impacts to shark a listserv summarizing fishery Fishery Management Council under
fishermen in the Atlantic region of information and regulations for Atlantic authority of the Magnuson-Stevens
reducing the retention limit depend on shark fisheries for 2019. This listserv Fishery Conservation and Management
the needed reduction in the retention also serves as the small entity Act. Regulations governing fishing by
limit and the timing of such a reduction. compliance guide. Copies of the U.S. vessels in accordance with the FMP
Therefore, such a reduction in the compliance guide are available from appear at subpart H of 50 CFR part 600
retention limit for directed shark limited NMFS (see ADDRESSES). and 50 CFR part 679.
access permit holders is only
anticipated to have minor adverse direct Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. The 2018 rock sole and yellowfin sole
1801 et seq. CDQ reserves specified in the BSAI are
economic impacts to fishermen in the
short-term; long-term impacts are not Dated: November 20, 2018. 4,540 metric tons (mt) and 17,023 mt as
anticipated as these reductions would Samuel D. Rauch III, established by the final 2018 and 2019
not be permanent. Deputy Assistant Administrator for harvest specifications for groundfish in
In the northern portion of the Atlantic Regulatory Programs, National Marine the BSAI (83 FR 8365, February 27,
region, a January 1 opening for the Fisheries Service. 2018) and revised by flatfish exchange
aggregated LCS and hammerhead shark [FR Doc. 2018–25744 Filed 11–26–18; 8:45 am] (83 FR 50036, October 4, 2018). The
management groups, with inseason trip BILLING CODE 3510–22–P
2018 rock sole and yellowfin sole CDQ
limit adjustments to ensure quota is ABC reserves are 10,772 mt and 12,670
available later in the season, will have mt as established by the final 2018 and
direct, minor, beneficial economic DEPARTMENT OF COMMERCE 2019 harvest specifications for
impacts in the short-term for fishermen groundfish in the BSAI (83 FR 8365,
as they will potentially have access to National Oceanic and Atmospheric February 27, 2018) and revised by
the aggregated LCS and hammerhead Administration flatfish exchange (83 FR 50036, October
shark quotas earlier than in past 4, 2018).
seasons. Fishermen in this area have 50 CFR Part 679 The Norton Sound Economic
stated that, depending on the weather, [Docket No. 170817779–8161–02] Development Corporation has requested
some aggregated LCS species might be that NMFS exchange 400 mt of rock sole
available to retain in January. Thus, RIN 0648–XG648 CDQ reserves for 400 mt of yellowfin
fishermen will be able to target or retain sole CDQ ABC reserves under
Fisheries of the Exclusive Economic
aggregated LCS while targeting non- § 679.31(d). Therefore, in accordance
Zone Off Alaska; Exchange of Flatfish
blacknose SCS. There will be indirect, with § 679.31(d), NMFS exchanges 400
in the Bering Sea and Aleutian Islands
minor, beneficial economic impacts in mt of rock sole CDQ reserves for 400 mt
Management Area
the short- and long-term for shark of yellowfin sole CDQ ABC reserves in
dealers and other entities that deal with AGENCY: National Marine Fisheries the BSAI. This action also decreases and
shark products in this region as they Service (NMFS), National Oceanic and increases the TACs and CDQ ABC
will also have access to aggregated LCS Atmospheric Administration (NOAA), reserves by the corresponding amounts.
products earlier than in past seasons. Commerce. Tables 11 and 13 of the final 2018 and
Thus, opening the aggregated LCS and ACTION: Temporary rule; reallocation. 2019 harvest specifications for
hammerhead shark management groups groundfish in the BSAI (83 FR 8365,
in January and using inseason trip limit SUMMARY: NMFS is exchanging unused February 27, 2018) and revised by
adjustments to ensure the fishery is rock sole Community Development flatfish exchange (83 FR 50036, October
open later in the year in 2019 will cause Quota (CDQ) for yellowfin sole CDQ 4, 2018), are further revised as follows:
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations 60785
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 42,550 155,945
CDQ ......................................................... 963 803 963 1,507 4,140 17,423
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 42,550 155,945 16,500 49,100 156,000
ABC surplus ............................................. 49,668 100,550 121,555 48,727 82,900 111,500
ABC reserve ............................................. 49,668 100,550 121,555 48,727 82,900 111,500
CDQ ABC reserve ................................... 5,638 11,172 12,270 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 Norton Sound Economic Development date of this action under 5 U.S.C.
Corporation in the BSAI. Since these 553(d)(3). This finding is based upon
This action responds to the best fisheries are currently open, it is the reasons provided above for waiver of
available information recently obtained important to immediately inform the prior notice and opportunity for public
from the fishery. The Assistant industry as to the revised allocations. comment.
Administrator for Fisheries, NOAA Immediate notification is necessary to
(AA), finds good cause to waive the This action is required by § 679.20
allow for the orderly conduct and
requirement to provide prior notice and efficient operation of this fishery, to and is exempt from review under
opportunity for public comment allow the industry to plan for the fishing Executive Order 12866.
pursuant to the authority set forth at 5 season, and to avoid potential Authority: 16 U.S.C. 1801 et seq.
U.S.C. 553(b)(B) as such requirement is disruption to the fishing fleet as well as Dated: November 20, 2018.
impracticable and contrary to the public processors. NMFS was unable to
interest. This requirement is Karen H. Abrams,
publish a notice providing time for
impracticable and contrary to the public public comment because the most Acting Director, Office of Sustainable
interest as it would prevent NMFS from recent, relevant data only became Fisheries, National Marine Fisheries Service.
responding to the most recent fisheries available as of November 19, 2018. [FR Doc. 2018–25765 Filed 11–26–18; 8:45 am]
data in a timely fashion and would The AA also finds good cause to BILLING CODE 3510–22–P
delay the flatfish exchange by the waive the 30-day delay in the effective
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Document Created: 2018-11-27 01:25:09
Document Modified: 2018-11-27 01:25:09
| 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 27, 2018 through December 31, 2018. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 83 FR 60784 | |
| RIN Number | 0648-XG64 |
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