Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Halibut Prohibited Species Catch Allowances in the Bering Sea and Aleutian Islands Management Area, 63577-63579 [2014-25366]

Download as PDF 63577 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations to the both sectors and the common pool, depending on the size of the allocation, the degree of change in the allocation, and the catch rate of a particular stock. Further, these adjustments are based purely on objective sector enrollment data and are not subject to our discretion, so there would be no benefit to allowing time for prior notice and comment. Waiving the 30-day delay in effectiveness allows harvesting in a manner that prevents catch limits of species from being exceeded in fisheries that are important to coastal communities. Until the final stock allocations are made, the affected fishing entities will not know how many fish of a particular stock they can catch without going over their ultimate limits. Fishermen may make both short- and long-term business decisions based on the catch limits in a given sector or the common pool. Any delays in adjusting these limits may cause the affected fishing entities to slow down, or speed up, their fishing activities during the interim period before this rule becomes effective. Both of these reactions could negatively affect the fishery and the businesses and communities that depend on them. The fishing industry and the communities it supports could be affected by potentially reducing harvests and delaying profits. Lastly, the catch limit and allocation adjustments are not controversial and the need for them was clearly explained in the proposed and final rules for fishing year 2014 sector operations plans and contracts. As a result, the NE multispecies permit holders are expecting these adjustments and awaiting their implementation. Therefore, it is important to implement adjusted catch limits and allocations as soon as possible. For these reasons, we are waiving the public comment period and the 30-day delay in effectiveness for this rule, pursuant to 5 U.S.C. 553(b)(3)(B) and (d), respectively. Because advanced notice and the opportunity for public comment are not required under the Administrative Procedure Act, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., do not apply to this rule. Therefore, no final regulatory flexibility analysis is required and none has been prepared. Authority: 16 U.S.C. 1801 et seq. Dated: October 20, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2014–25307 Filed 10–23–14; 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–XD565 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Halibut Prohibited Species Catch Allowances in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating projected unused amounts of the 2014 halibut prohibited species catch (PSC) allowance from the Bering Sea and Aleutian Islands trawl (BSAI) limited access sector to the Amendment 80 cooperatives in the BSAI management area. This action is necessary to allow the Amendment 80 cooperatives to fully SUMMARY: harvest their 2014 groundfish allocations. Effective October 21, 2014, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2014. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. 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. The Administrator, Alaska Region, NMFS, has determined that 80 metric tons of halibut PSC allowance from the BSAI trawl limited access sector will not be needed to support BSAI trawl limited access fisheries. Therefore, in accordance with § 679.91(f)(4), NMFS is reallocating this halibut PSC allowance from the BSAI trawl limited access sector to the Amendment 80 cooperatives in the BSAI. In accordance with § 679.91(f)(1), NMFS will reissue cooperative quota permits for the reallocated halibut PSC allowances following the procedures set forth in § 679.91(f)(4). In accordance with § 679.91(f)(4)(i), NMFS will reallocate 95 percent of the halibut PSC reallocated from the BSAI trawl limited access sector to the Amendment 80 cooperatives, which is 76 metric tons. The 2014 harvest specifications for halibut PSC allowances included in the final 2014 and 2015 harvest specifications in the BSAI (79 FR 12108, March 4, 2014 and 79 FR 35958, June 25, 2014) are revised as follows in Tables 10, 12, and 14: DATES: TABLE 10—FINAL 2014 AND 2015 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS rmajette on DSK2TPTVN1PROD with RULES PSC species and area 1 Non-trawl PSC remaining after CDQ PSQ 2 900 832 3,675 3,349 393 2,401 795 900 n/a 832 n/a 3,675 2,172 3,349 n/a 393 n/a 2,325 n/a 875 n/a n/a n/a 97,000 86,621 10,379 43,293 26,489 n/a n/a 11,185,892 9,989,002 1,196,890 4,909,594 3,210,465 n/a n/a 980,000 875,140 104,860 368,521 411,228 2014 Halibut mortality (mt) BSAI .................. 2015 Halibut mortality (mt) BSAI .................. Herring (mt) BSAI ........ Red king crab (animals) Zone 1 ...................... C. opilio (animals) COBLZ ...................... C. bairdi crab (animals) Zone 1 ...................... VerDate Sep<11>2014 14:09 Oct 23, 2014 Jkt 235001 PO 00000 Frm 00081 Trawl PSC remaining after CDQ PSQ 2 BSAI trawl limited access fishery Total non-trawl PSC Total trawl PSC Fmt 4700 Sfmt 4700 CDQ PSQ reserve 2 E:\FR\FM\24OCR1.SGM 24OCR1 Amendment 80 sector 3 63578 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations TABLE 10—FINAL 2014 AND 2015 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS—Continued PSC species and area 1 Total non-trawl PSC Non-trawl PSC remaining after CDQ PSQ 2 C. bairdi crab (animals) Zone 2 ...................... n/a n/a Trawl PSC remaining after CDQ PSQ 2 Total trawl PSC 2,970,000 2,652,210 CDQ PSQ reserve 2 Amendment 80 sector 3 317,790 627,778 BSAI trawl limited access fishery 1,241,500 1 Refer to § 679.2 for definitions of zones. 2 Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and § 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt, of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of each crab PSC limit. 3 The Amendment 80 program reduced apportionment of the trawl PSC limits by 150 mt for halibut mortality and 20 percent for crab. These reductions are not apportioned to other gear types or sectors. Note: Sector apportionments may not total precisely due to rounding. TABLE 12—FINAL 2014 AND 2015 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTOR Prohibited species and area 1 BSAI trawl limited access fisheries 2014 Halibut mortality (mt) BSAI Yellowfin sole ........................................... Rock sole/flathead sole/other flatfish2 ..... Turbot/arrowtooth/sablefish3 .................... Rockfish April 15—December 31 ............ Pacific cod ................................................ Pollock/Atka mackerel/other species4 ..... Total BSAI trawl limited access PSC ...... 2015 Halibut mortality (mt) BSAI 227 0 0 5 353 210 795 Red king crab (animals) Zone 1 C. opilio (animals) COBLZ 23,338 0 0 0 2,954 197 26,489 3,026,465 0 0 5,000 129,000 50,000 3,210,465 167 0 0 5 453 250 875 C. bairdi (animals) Zone 1 346,228 0 0 0 60,000 5,000 411,228 Zone 2 1,185,500 0 0 1,000 50,000 5,000 1,241,500 1 Refer to § 679.2 for definitions of areas. flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, Kamchatka flounder, and arrowtooth flounder. 3 Arrowtooth flounder for PSC monitoring includes Kamchatka flounder. 4 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, squids, and octopuses. Note: Seasonal or sector apportionments may not total precisely due to rounding. 2 ‘‘Other TABLE 14—FINAL 2014 PROHIBITED SPECIES BYCATCH ALLOWANCE FOR THE BSAI AMENDMENT 80 COOPERATIVES Prohibited species and zones 1 Cooperative Halibut mortality (mt) BSAI Alaska Seafood Cooperative ............................................... Alaska Groundfish Cooperative ........................................... Red king crab (animals) Zone 1 1,654 747 29,285 14,008 C. opilio (animals) COBLZ 3,150,269 1,759,325 C. bairdi (animals) Zone 1 257,941 110,580 Zone 2 431,195 196,583 rmajette on DSK2TPTVN1PROD with RULES 1 Refer to § 679.2 for definitions of zones. Note: Sector apportionments may not total precisely due to rounding. This will enhance the socioeconomic well-being of harvesters of groundfish dependent upon these halibut PSC allowances. The Regional Administrator considered the following factors in reaching this decision: (1) The current catch and stated future harvesting intent of BSAI trawl limited access sector fisheries and, (2) the harvest capacity and stated intent on future harvesting patterns of the Amendment 80 cooperatives that participates in this BSAI fishery. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA VerDate Sep<11>2014 14:09 Oct 23, 2014 Jkt 235001 (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 reallocation of halibut PSC allowances from the BSAI trawl limited access sector to the Amendment 80 cooperatives in the BSAI. Since the fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 allow for the orderly conduct and efficient operation of these fisheries, 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 14, 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. E:\FR\FM\24OCR1.SGM 24OCR1 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations This action is required by § 679.91 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. 63579 Dated: October 21, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–25366 Filed 10–21–14; 4:15 pm] rmajette on DSK2TPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 14:09 Oct 23, 2014 Jkt 235001 PO 00000 Frm 00083 Fmt 4700 Sfmt 9990 E:\FR\FM\24OCR1.SGM 24OCR1

Agencies

[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63577-63579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25366]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD565


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Halibut Prohibited Species Catch Allowances 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 reallocating projected unused amounts of the 2014 
halibut prohibited species catch (PSC) allowance from the Bering Sea 
and Aleutian Islands trawl (BSAI) limited access sector to the 
Amendment 80 cooperatives in the BSAI management area. This action is 
necessary to allow the Amendment 80 cooperatives to fully harvest their 
2014 groundfish allocations.

DATES: Effective October 21, 2014, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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.
    The Administrator, Alaska Region, NMFS, has determined that 80 
metric tons of halibut PSC allowance from the BSAI trawl limited access 
sector will not be needed to support BSAI trawl limited access 
fisheries. Therefore, in accordance with Sec.  679.91(f)(4), NMFS is 
reallocating this halibut PSC allowance from the BSAI trawl limited 
access sector to the Amendment 80 cooperatives in the BSAI.
    In accordance with Sec.  679.91(f)(1), NMFS will reissue 
cooperative quota permits for the reallocated halibut PSC allowances 
following the procedures set forth in Sec.  679.91(f)(4).
    In accordance with Sec.  679.91(f)(4)(i), NMFS will reallocate 95 
percent of the halibut PSC reallocated from the BSAI trawl limited 
access sector to the Amendment 80 cooperatives, which is 76 metric 
tons.
    The 2014 harvest specifications for halibut PSC allowances included 
in the final 2014 and 2015 harvest specifications in the BSAI (79 FR 
12108, March 4, 2014 and 79 FR 35958, June 25, 2014) are revised as 
follows in Tables 10, 12, and 14:

 Table 10--Final 2014 and 2015 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI Trawl
                                                                 Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Non-trawl PSC                     Trawl PSC
                                            Total non-       remaining      Total trawl      remaining        CDQ PSQ      Amendment 80     BSAI trawl
        PSC species and area \1\             trawl PSC     after CDQ PSQ        PSC        after CDQ PSQ    reserve \2\     sector \3\    limited access
                                                                \2\                             \2\                                           fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 Halibut mortality (mt) BSAI........             900             832           3,675           3,349             393           2,401             795
2015 Halibut mortality (mt) BSAI........             900             832           3,675           3,349             393           2,325             875
Herring (mt) BSAI.......................             n/a             n/a           2,172             n/a             n/a             n/a             n/a
Red king crab (animals) Zone 1..........             n/a             n/a          97,000          86,621          10,379          43,293          26,489
C. opilio (animals) COBLZ...............             n/a             n/a      11,185,892       9,989,002       1,196,890       4,909,594       3,210,465
C. bairdi crab (animals) Zone 1.........             n/a             n/a         980,000         875,140         104,860         368,521         411,228

[[Page 63578]]

 
C. bairdi crab (animals) Zone 2.........             n/a             n/a       2,970,000       2,652,210         317,790         627,778       1,241,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of zones.
\2\ Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and Sec.   679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt,
  of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of
  each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits by 150 mt for halibut mortality and 20 percent for crab. These reductions are
  not apportioned to other gear types or sectors.
Note: Sector apportionments may not total precisely due to rounding.


                      Table 12--Final 2014 and 2015 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Prohibited species and area \1\
                                                         -----------------------------------------------------------------------------------------------
           BSAI trawl limited access fisheries             2014 Halibut    2015 Halibut    Red king crab     C. opilio          C. bairdi (animals)
                                                          mortality (mt)  mortality (mt)  (animals) Zone     (animals)   -------------------------------
                                                               BSAI            BSAI              1             COBLZ          Zone 1          Zone 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowfin sole..........................................             227             167          23,338       3,026,465         346,228       1,185,500
Rock sole/flathead sole/other flatfish\2\...............               0               0               0               0               0               0
Turbot/arrowtooth/sablefish\3\..........................               0               0               0               0               0               0
Rockfish April 15--December 31..........................               5               5               0           5,000               0           1,000
Pacific cod.............................................             353             453           2,954         129,000          60,000          50,000
Pollock/Atka mackerel/other species\4\..................             210             250             197          50,000           5,000           5,000
Total BSAI trawl limited access PSC.....................             795             875          26,489       3,210,465         411,228       1,241,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot,
  rock sole, yellowfin sole, Kamchatka flounder, and arrowtooth flounder.
\3\ Arrowtooth flounder for PSC monitoring includes Kamchatka flounder.
\4\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, squids, and octopuses.
Note: Seasonal or sector apportionments may not total precisely due to rounding.


        Table 14--Final 2014 Prohibited Species Bycatch Allowance for the BSAI Amendment 80 Cooperatives
----------------------------------------------------------------------------------------------------------------
                                                         Prohibited species and zones \1\
                                 -------------------------------------------------------------------------------
           Cooperative                Halibut      Red king crab     C. opilio          C. bairdi (animals)
                                     mortality       (animals)       (animals)   -------------------------------
                                     (mt) BSAI        Zone 1           COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Alaska Seafood Cooperative......           1,654          29,285       3,150,269         257,941         431,195
Alaska Groundfish Cooperative...             747          14,008       1,759,325         110,580         196,583
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of zones.
Note: Sector apportionments may not total precisely due to rounding.

    This will enhance the socioeconomic well-being of harvesters of 
groundfish dependent upon these halibut PSC allowances. The Regional 
Administrator considered the following factors in reaching this 
decision: (1) The current catch and stated future harvesting intent of 
BSAI trawl limited access sector fisheries and, (2) the harvest 
capacity and stated intent on future harvesting patterns of the 
Amendment 80 cooperatives that participates in this BSAI fishery.

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 reallocation of halibut PSC allowances from the BSAI 
trawl limited access sector to the Amendment 80 cooperatives in the 
BSAI. Since the 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 these fisheries, 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 14, 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.

[[Page 63579]]

    This action is required by Sec.  679.91 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 21, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-25366 Filed 10-21-14; 4:15 pm]
BILLING CODE 3510-22-P