Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2014 Gulf of Alaska Pollock Seasonal Apportionments, 68805-68806 [2014-27408]

Download as PDF Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Rules and Regulations The third alternative would set the king mackerel trip limit in the Florida east coast subzone at 75 fish for the entire fishing season. This alternative was not adopted because it would likely increase the king mackerel harvest prior to the Lenten season, reduce landings of king mackerel and associated revenues when demand is high during the Lenten season, and result in earlier closure, potentially even before the period of heightened demand. Finally, this rule also removes language in the codified text regarding prevention of gear conflicts between hook-and-line and gillnet vessels in the South Atlantic EEZ. This change corrects an inadvertent error in the text, as discussed in the preamble. The regulation contained in § 622.387 was necessary before separate quotas, trip limits, and gillnet permits were implemented for the harvest of king mackerel off Florida. Since implementation of those management measures, the impact and relevance of § 622.387 have been zero. Consequently, its removal would have no impact on small businesses. Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as small entity compliance guides. As part of the rulemaking process, NMFS prepared a fishery bulletin, which also serves as a small entity compliance guide. The fishery bulletin will be sent to all CMP vessel permit holders in the Atlantic region. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Gillnet, Mackerel, Reporting and recordkeeping requirements, South Atlantic, Trip limits. Dated: November 12, 2014, Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. rljohnson on DSK3VPTVN1PROD with RULES For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. VerDate Sep<11>2014 14:12 Nov 18, 2014 Jkt 235001 2. In § 622.377, paragraph (b)(2)(iii) is revised and paragraph (b)(2)(vi) is added to read as follows: ■ § 622.377 Gillnet restrictions. * * * * * (b) * * * (2) * * * (iii) No more than two gillnets, including any net in use, may be possessed at any one time, except for a vessel with a valid commercial vessel permit for Spanish mackerel engaged in a transfer as specified in paragraph (b)(2)(vi) of this section. If two gillnets, including any net in use, are possessed at any one time, they must have stretched mesh sizes (as allowed under the regulations) that differ by at least .25 inch (.64 cm), except for a vessel with a valid commercial vessel permit for Spanish mackerel engaged in a transfer as specified in paragraph (b)(2)(vi) of this section, in which case the vessel may possess two gillnets of the same mesh size provided that one of the nets is transferred to that vessel. * * * * * (vi) A portion of a gillnet may be transferred at sea only in the EEZ and only from a vessel with a valid commercial vessel permit for Spanish mackerel that has exceeded a trip limit specified in § 622.385 (b) to another vessel with a valid commercial vessel permit for Spanish mackerel that has not yet reached the trip limit (the receiving vessel). Only one such transfer is allowed per vessel per day. In addition, to complete a legal transfer at sea, all of the following must apply: (A) All fish exceeding the applicable commercial trip limit may not be removed from the gillnet until the transfer is complete (i.e., the gillnet is onboard the receiving vessel). The fish transferred to the receiving vessel may not exceed the applicable commercial trip limit. (B) The receiving vessel may possess no more than three gillnets on board after the transfer is complete. (C) Prior to cutting the gillnet and prior to any transfer of Spanish mackerel from one vessel to another, the owner or operator of both vessels must contact NMFS Office for Law Enforcement, Port Orange, Florida, phone: 1–386–492–6686. 3. In § 622.385, the third sentence in the introductory text and paragraph (a)(2)(i) are revised to read as follows: ■ § 622.385 Commercial trip limits. * * * Except for Atlantic migratory group Spanish mackerel harvested by gillnet, as specified in § 622.377(b)(2)(vi), a species subject to a PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 68805 trip limit specified in this section taken in the EEZ may not be transferred at sea, regardless of where such transfer takes place, and such species may not be transferred in the EEZ. * * * * * * * * (a) * * * (2) * * * (i) Eastern zone—Florida east coast subzone. In the Florida east coast subzone, king mackerel in or from the EEZ may be possessed on board at any time or landed in a day from a vessel with a commercial permit for king mackerel as required under § 622.370(a)(1) as follows: (A) From November 1 through the end of February—not to exceed 50 fish. (B) Beginning on March 1 and continuing through March 31— (1) If 70 percent or more of the Florida east coast subzone quota as specified in § 622.384(b)(1)(i)(A) has been taken— not to exceed 50 fish. (2) If less than 70 percent of the Florida east coast subzone quota as specified in § 622.384(b)(1)(i)(A) has been taken—not to exceed 75 fish. * * * * * § 622.387 ■ [Removed and Reserved] 4. Remove and reserve § 622.387. [FR Doc. 2014–27280 Filed 11–18–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 130925836–4174–02] RIN 0648–XD627 Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2014 Gulf of Alaska Pollock Seasonal Apportionments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: NMFS is adjusting the 2014 seasonal apportionments of the total allowable catch (TAC) in the Gulf of Alaska (GOA) by re-apportioning unharvested pollock TAC from Statistical Areas 610 to Statistical Areas 620 and 630 of the GOA. This action is necessary to provide opportunity for harvest of the 2014 pollock TAC, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. SUMMARY: E:\FR\FM\19NOR1.SGM 19NOR1 68806 Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Rules and Regulations Effective 1200 hours, Alaska local time (A.l.t.), November 14, 2014, until 2400 hours A.l.t., December 31, 2014. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council (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 annual pollock TACs in Statistical Areas 610, 620, and 630 of the GOA are apportioned among four seasons, in accordance with § 679.23(d)(2). Regulations at § 679.20(a)(5)(iv)(B) allow the underharvest of a seasonal apportionment to be added to subsequent seasonal apportionments, provided that any revised seasonal apportionment does not exceed 20 percent of the seasonal apportionment for a given statistical area. Therefore, NMFS is increasing the D season apportionment of pollock in Statistical Area 610 of the GOA to reflect the underharvest of pollock in that area during the A, B, and C seasons. In addition, any underharvest remaining beyond 20 percent of the originally specified seasonal apportionment in a particular area may be further apportioned to other statistical areas. Therefore, NMFS also is increasing the D season apportionments of pollock to Statistical Areas 620 and 630 based on the underharvest of pollock in Statistical Area 610 of the GOA. These adjustments are described below. rljohnson on DSK3VPTVN1PROD with RULES DATES: VerDate Sep<11>2014 14:12 Nov 18, 2014 Jkt 235001 The D season apportionment of the 2014 total allowable catch (TAC) of pollock in Statistical Area 610 of the GOA is 13,235 metric tons (mt) as established by the final 2014 and 2015 harvest specifications for groundfish of the GOA (79 FR 12890, March 6, 2014). In accordance with § 679.20(a)(5)(iv)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), hereby increases the D season apportionment for Statistical Area 610 by 2,647 mt to account for the underharvest of the TAC in Statistical Area 610 in the C season. Therefore, the revised D season apportionment of the pollock TAC in Statistical Area 610 is 15,882 mt (13,235 mt plus 2,647 mt). The pollock D season apportionment in Statistical Area 620 of the GOA is 12,448 mt as established by the final 2014 and 2015 harvest specifications for groundfish of the GOA (79 FR 12890, March 6, 2014). In accordance with § 679.20(a)(5)(iv)(B), the Regional Administrator hereby increases the D season apportionment for Statistical Area 620 by 2,490 mt to account for the underharvest of the TAC in Statistical Area 610. This increase is in proportion to the estimated pollock biomass and is not greater than 20 percent of the seasonal TAC apportionment in Statistical Area 620. Therefore, the revised D season apportionment of the pollock TAC in Statistical Area 620 is 14,938 mt (12,448 mt plus 2,490 mt). The pollock D season apportionment in Statistical Area 630 of the GOA is 13,720 mt as established by the final 2014 and 2015 harvest specifications for groundfish of the GOA (79 FR 12890, March 6, 2014). In accordance with § 679.20(a)(5)(iv)(B), the Regional Administrator hereby increases the D season apportionment for Statistical Area 630 by 2,696 mt to reflect the total underharvest of the TAC in Statistical Area 610. This increase is in proportion PO 00000 Frm 00044 Fmt 4700 Sfmt 9990 to the estimated pollock biomass and is not greater than 20 percent of the seasonal TAC apportionment in Statistical Area 630. Therefore, the revised D season apportionment of pollock TAC in Statistical Area 630 is 16,416 mt (13,720 mt plus 2,696 mt). 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 provide opportunity to harvest increased pollock seasonal apportionments. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 13, 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. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 14, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–27408 Filed 11–14–14; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\19NOR1.SGM 19NOR1

Agencies

[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Rules and Regulations]
[Pages 68805-68806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27408]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 130925836-4174-02]
RIN 0648-XD627


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2014 Gulf of Alaska Pollock Seasonal Apportionments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS is adjusting the 2014 seasonal apportionments of the 
total allowable catch (TAC) in the Gulf of Alaska (GOA) by re-
apportioning unharvested pollock TAC from Statistical Areas 610 to 
Statistical Areas 620 and 630 of the GOA. This action is necessary to 
provide opportunity for harvest of the 2014 pollock TAC, consistent 
with the goals and objectives of the Fishery Management Plan for 
Groundfish of the Gulf of Alaska.

[[Page 68806]]


DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 14, 
2014, until 2400 hours A.l.t., December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council (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 annual pollock TACs in Statistical Areas 610, 620, and 630 of 
the GOA are apportioned among four seasons, in accordance with Sec.  
679.23(d)(2). Regulations at Sec.  679.20(a)(5)(iv)(B) allow the 
underharvest of a seasonal apportionment to be added to subsequent 
seasonal apportionments, provided that any revised seasonal 
apportionment does not exceed 20 percent of the seasonal apportionment 
for a given statistical area. Therefore, NMFS is increasing the D 
season apportionment of pollock in Statistical Area 610 of the GOA to 
reflect the underharvest of pollock in that area during the A, B, and C 
seasons. In addition, any underharvest remaining beyond 20 percent of 
the originally specified seasonal apportionment in a particular area 
may be further apportioned to other statistical areas. Therefore, NMFS 
also is increasing the D season apportionments of pollock to 
Statistical Areas 620 and 630 based on the underharvest of pollock in 
Statistical Area 610 of the GOA. These adjustments are described below.
    The D season apportionment of the 2014 total allowable catch (TAC) 
of pollock in Statistical Area 610 of the GOA is 13,235 metric tons 
(mt) as established by the final 2014 and 2015 harvest specifications 
for groundfish of the GOA (79 FR 12890, March 6, 2014). In accordance 
with Sec.  679.20(a)(5)(iv)(B), the Administrator, Alaska Region, NMFS 
(Regional Administrator), hereby increases the D season apportionment 
for Statistical Area 610 by 2,647 mt to account for the underharvest of 
the TAC in Statistical Area 610 in the C season. Therefore, the revised 
D season apportionment of the pollock TAC in Statistical Area 610 is 
15,882 mt (13,235 mt plus 2,647 mt).
    The pollock D season apportionment in Statistical Area 620 of the 
GOA is 12,448 mt as established by the final 2014 and 2015 harvest 
specifications for groundfish of the GOA (79 FR 12890, March 6, 2014). 
In accordance with Sec.  679.20(a)(5)(iv)(B), the Regional 
Administrator hereby increases the D season apportionment for 
Statistical Area 620 by 2,490 mt to account for the underharvest of the 
TAC in Statistical Area 610. This increase is in proportion to the 
estimated pollock biomass and is not greater than 20 percent of the 
seasonal TAC apportionment in Statistical Area 620. Therefore, the 
revised D season apportionment of the pollock TAC in Statistical Area 
620 is 14,938 mt (12,448 mt plus 2,490 mt).
    The pollock D season apportionment in Statistical Area 630 of the 
GOA is 13,720 mt as established by the final 2014 and 2015 harvest 
specifications for groundfish of the GOA (79 FR 12890, March 6, 2014). 
In accordance with Sec.  679.20(a)(5)(iv)(B), the Regional 
Administrator hereby increases the D season apportionment for 
Statistical Area 630 by 2,696 mt to reflect the total underharvest of 
the TAC in Statistical Area 610. This increase is in proportion to the 
estimated pollock biomass and is not greater than 20 percent of the 
seasonal TAC apportionment in Statistical Area 630. Therefore, the 
revised D season apportionment of pollock TAC in Statistical Area 630 
is 16,416 mt (13,720 mt plus 2,696 mt).

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 provide opportunity to harvest increased pollock seasonal 
apportionments. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of November 13, 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.
    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 14, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-27408 Filed 11-14-14; 4:15 pm]
BILLING CODE 3510-22-P