Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area
NMFS is exchanging unused yellowfin sole Community Development Quota (CDQ) for rock sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands ma...
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Temporary rule; reallocation.
SUMMARY:
NMFS is exchanging unused yellowfin sole Community Development Quota (CDQ) for rock sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2019 total allowable catch of flathead sole and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.
DATES:
Effective October 7, 2019 through December 31, 2019.
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 2019 flathead sole, rock sole, and yellowfin sole CDQ reserves specified in the BSAI are 1,552 metric tons (mt), 5,440 mt, and 16,078 mt as established by the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019) and flatfish exchange (84 FR 49067, September 18, 2019). The 2019 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 5,577 mt, 7,283 mt, and 12,084 mt as established by the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019) and flatfish exchange (84 FR 49067, September 18, 2019).
The Aleutian Pribilof Island Community Development Association has requested that NMFS exchange 400 mt of rock sole CDQ reserves for 50 mt of flathead sole CDQ ABC reserves and 350 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 400 mt of rock sole CDQ reserves for 50 mt of flathead sole CDQ ABC reserves and 350 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 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019) and revised in flatfish exchanges (84 FR 49067, September 18, 2019), are further revised as follows:
Table 11—Final 2019 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]
Sector
Pacific ocean perch
Flathead sole
Rock sole
Yellowfin sole
Eastern
Aleutian
District
Central
Aleutian
District
Western
Aleutian
District
BSAI
BSAI
BSAI
TAC
11,009
8,385
10,000
21,350
39,000
155,250
CDQ
1,178
897
1,070
1,602
5,040
16,428
ICA
100
60
10
3,000
6,000
4,000
BSAI trawl limited access
973
743
178
18,351
Amendment 80
8,758
6,685
8,742
16,749
27,960
116,471
Note:
Sector apportionments may not total precisely due to rounding.
Table 13—Final 2019 and 2020 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]
Sector
2019
Flathead sole
2019
Rock sole
2019
Yellowfin sole
2020 1
Flathead sole
2020 1
Rock sole
2020 1
Yellowfin sole
ABC
66,625
118,900
263,200
68,448
143,700
257,800
TAC
21,350
39,000
155,250
14,500
57,100
166,425
ABC surplus
45,275
79,900
107,950
53,948
86,600
91,375
ABC reserve
45,275
79,900
107,950
53,948
86,600
91,375
CDQ ABC reserve
5,527
7,683
11,734
5,772
9,266
9,777
Amendment 80 ABC reserve
39,748
72,217
96,216
48,176
77,334
81,598
1
The 2020 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, 2019.
( printed page 53345)
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 Aleutian Pribilof Island Community Development Association 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 24, 2019.
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 § 679.20 and is exempt from review under Executive Order 12866.
Use this for formal legal and research references to the published document.
84 FR 53344
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area,” thefederalregister.org (October 7, 2019), https://thefederalregister.org/documents/2019-21570/fisheries-of-the-exclusive-economic-zone-off-alaska-exchange-of-flatfish-in-the-bering-sea-and-aleutian-islands-manageme.
50 CFR part 600
5 U.S.C. 553(b)(B)