Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for the Bering Sea and Aleutian Islands Trawl Limited Access Sector in the Bering Sea and Aleutian Islands Management Area, 36436-36437 [2014-15104]

Download as PDF 36436 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations While this information was previously provided to sectors, it is necessary to finalize the regulations that put in place the process NMFS outlined to the Court, sectors, and the public. It is also important that NMFS provide information on how the remaining accounting process will occur, which is also provided in this rule. To the extent that flexibility in the measures could be provided, NMFS has done so. While formal public comment was not sought through rulemaking, NMFS did consider feedback on potential approaches to satisfy the remand, provided by the plaintiffs Conservation Law Foundation, sector managers, the Council, and the public. Similarly, the need to implement these measures in a timely manner to respond to the Court constitutes good cause under authority contained in 5 U.S.C. 553(d)(3), to make this rule effective upon publication in the Federal Register. Given the need to respond to the Court remand and to inform the public of the measures NMFS intended to implement through this rule so that they may plan for the changes, the provisions of this rule have already been conveyed to the public. Additional delay in making this rule’s measures effective would be contrary to the public interest. Additionally, the public has already been notified in advance of the rule’s publication what measures would be put in place. This is highly unusual, but was necessary given the timing of the Court’s decision relative to the end of the fishing year. This rule has been determined to be not significant for purposes of Executive Order 12866. This emergency rule is exempt from the procedures of the Regulatory Flexibility Act because the rule is issued without opportunity for prior notice and opportunity for public comment. Accordingly, no Regulatory Flexibility Analysis is required and none has been prepared. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. wreier-aviles on DSK5TPTVN1PROD with RULES Dated: June 23, 2014. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons stated in the preamble, 50 CFR part 648 is amended as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ VerDate Mar<15>2010 13:21 Jun 26, 2014 Jkt 232001 Authority: 16 U.S.C. 1801 et seq. 2. In § 648.87, effective June 27, 2014, remove paragraph (b)(1)(i)(C), and add paragraphs (b)(1)(i)(C) heading, (b)(1)(i)(C)(1) introductory text, (b)(1)(i)(C)(1)(i) through (ii), and (b)(1)(i)(C)(2) to read as follows: ■ § 648.87 Sector allocation. * * * * * (b) * * * (1) * * * (i) * * * (C) Carryover. (1) With the exception of GB yellowtail flounder, a sector may carryover an amount of ACE equal to 10 percent of its original ACE for each stock that is unused at the end of one fishing year into the following fishing year. (i) Eastern GB Stocks Carryover. Any unused ACE allocated for Eastern GB stocks in accordance with paragraph (b)(1)(i)(B) of this section will contribute to the 10 percent carryover allowance for each stock, as specified in this paragraph ((b)(1)(i)(C)(1)), but will not increase in individual sectors allocation of Eastern GB stocks during the following year. (ii) This carryover ACE remains effective during the subsequent fishing year even if vessels that contributed to the sector allocation during the previous fishing year are no longer participating in the same sector for the subsequent fishing year. (2) Carryover accounting. (i) [Reserved] (ii) Beginning in FY 2014, carryover of a particular stock attributed to a sector, other than the NMFS-specified de minimis amount, shall be counted against the sector’s ACE for purposes of determining an overage subject to the AM in paragraph (b)(4)(iii) of this section if the overall stock-level ACL has been exceeded. (iii) NMFS shall determine and announce the de minimis amount for FY 2014 and may modify each subsequent year. De minimis determinations shall be made consistent with the APA. (iv) The Council may request, on an annual basis, for NMFS to reduce the amount of the available eligible carryover amount to ensure the total potential catch, the stock-level ACL plus the carryover amount, does not exceed the stock overfishing limit. Any such reduction of carryover amount shall be done consistent with the APA. * * * * * ■ 3. In § 648.87, effective June 27, 2014, through December 24, 2014, add paragraph (b)(1)(i)(C)(2)(i) to read as follows: PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 § 648.87 Sector allocation. * * * * * (b) * * * (1) * * * (i) * * * (C) * * * (2) * * * (i) For FY 2013, carryover of a particular stock from FY 2012 attributed to a sector, other than the NMFS-specified de minimis amount, shall be counted against the sector’s ACE for purposes of determining an overage subject to the AM in paragraph (b)(4)(iii) of this section if both the overall stock-level ACL and sector subACL for a particular stock have been exceeded. * * * * * [FR Doc. 2014–15153 Filed 6–26–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 131021878–4158–02] RIN 0648–XD348 Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for the Bering Sea and Aleutian Islands Trawl Limited Access Sector in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of closure. AGENCY: NMFS is opening directed fishing for the Bering Sea and Aleutian Islands trawl limited access sector’s yellowfin sole fishery in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2014 total allowable catch (TAC) of yellowfin sole for the BSAI trawl limited access sector in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 25, 2014, through 2400 hrs, A.l.t., December 31, 2014. Comments must be received at the following address no later than 4:30 p.m., A.l.t., July 9, 2014. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2013–0152, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ SUMMARY: E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES #!docketDetail;D=NOAA-NMFS-20130152, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 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. VerDate Mar<15>2010 13:21 Jun 26, 2014 Jkt 232001 36437 Pursuant to the final 2014 and 2015 harvest specifications for groundfish in the BSAI (79 FR 12108, March 4, 2014), NMFS closed the directed fishery for yellowfin sole for the BSAI trawl limited access sector on May 18, 2014 (79 FR 29136, May 21, 2014) under § 679.21(e)(7)(v). As of June 18, 2014, NMFS has determined that approximately 60 metric tons of 2014 Pacific halibut bycatch allowance specified for vessels participating in the BSAI trawl limited access yellowfin sole fishery remains unharvested as established by the final 2014 and 2015 harvest specifications for groundfish in the BSAI (79 FR 12108, March 4, 2014) and reapportionment published in the Federal Register on June 25, 2014. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2014 TAC of yellowfin sole for the BSAI trawl limited access sector in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for yellowfin sole for the BSAI trawl limited access sector in the BSAI. This will enhance the socioeconomic wellbeing of harvesters in this area. The Administrator, Alaska Region (Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of yellowfin sole and halibut PSC by the BSAI trawl limited access sector in the BSAI and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery. requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) 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 opening of yellowfin sole for the BSAI trawl limited access sector in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 20, 2014. 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. Without this inseason adjustment, NMFS could not allow the fishery for yellowfin sole for the BSAI trawl limited access sector in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until July 9, 2014. This action is required by §§ 679.20, 679.21, and 679.25 and is exempt from review under Executive Order 12866. Classification Dated: June 24, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the PO 00000 Frm 00051 Fmt 4700 Sfmt 9990 Authority: 16 U.S.C. 1801 et seq. [FR Doc. 2014–15104 Filed 6–24–14; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36436-36437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15104]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD348


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole for the Bering Sea and Aleutian Islands Trawl Limited Access 
Sector 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; modification of closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is opening directed fishing for the Bering Sea and 
Aleutian Islands trawl limited access sector's yellowfin sole fishery 
in the Bering Sea and Aleutian Islands Management Area (BSAI). This 
action is necessary to fully use the 2014 total allowable catch (TAC) 
of yellowfin sole for the BSAI trawl limited access sector in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 25, 2014, 
through 2400 hrs, A.l.t., December 31, 2014. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., July 9, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0152, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/

[[Page 36437]]

!docketDetail;D=NOAA-NMFS-2013-0152, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
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.
    Pursuant to the final 2014 and 2015 harvest specifications for 
groundfish in the BSAI (79 FR 12108, March 4, 2014), NMFS closed the 
directed fishery for yellowfin sole for the BSAI trawl limited access 
sector on May 18, 2014 (79 FR 29136, May 21, 2014) under Sec.  
679.21(e)(7)(v).
    As of June 18, 2014, NMFS has determined that approximately 60 
metric tons of 2014 Pacific halibut bycatch allowance specified for 
vessels participating in the BSAI trawl limited access yellowfin sole 
fishery remains unharvested as established by the final 2014 and 2015 
harvest specifications for groundfish in the BSAI (79 FR 12108, March 
4, 2014) and reapportionment published in the Federal Register on June 
25, 2014. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2014 TAC of 
yellowfin sole for the BSAI trawl limited access sector in the BSAI, 
NMFS is terminating the previous closure and is opening directed 
fishing for yellowfin sole for the BSAI trawl limited access sector in 
the BSAI. This will enhance the socioeconomic well-being of harvesters 
in this area. The Administrator, Alaska Region (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current catch of yellowfin sole and halibut PSC by the BSAI trawl 
limited access sector in the BSAI and, (2) the harvest capacity and 
stated intent on future harvesting patterns of vessels in participating 
in this fishery.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Acting 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) and Sec.  679.25(c)(1)(ii) 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 opening of yellowfin sole 
for the BSAI trawl limited access sector in the BSAI. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of June 20, 2014.
    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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for yellowfin sole for the BSAI trawl limited access sector in the BSAI 
to be harvested in an expedient manner and in accordance with the 
regulatory schedule. Under Sec.  679.25(c)(2), interested persons are 
invited to submit written comments on this action to the above address 
until July 9, 2014.
    This action is required by Sec. Sec.  679.20, 679.21, and 679.25 
and is exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: June 24, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-15104 Filed 6-24-14; 4:15 pm]
BILLING CODE 3510-22-P