Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 38017-38018 [2015-16377]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations Management Act (16 U.S.C. 1801 et seq.). Under § 635.5(b)(1), dealers must electronically submit reports on sharks that are first received from a vessel on a weekly basis through a NMFSapproved electronic reporting system. Reports must be received by no later than midnight, local time, of the first Tuesday following the end of the reporting week unless the dealer is otherwise notified by NMFS. Under § 635.28(b)(2), the quotas of certain species and/or management groups are linked. The quotas for non-blacknose SCS and the blacknose shark management group in the Gulf of Mexico region are linked (§ 635.28(b)(3)(iv)). Under § 635.28(b)(2), when NMFS calculates that the landings for any species and/or management group of a linked group has reached or is projected to reach 80 percent of the available quota, NMFS will file for publication with the Office of the Federal Register a notice of closure for all of the species and/or management groups in a linked group that will be effective no fewer than 5 days from date of filing. From the effective date and time of the closure until and if NMFS announces, via notification in the Federal Register, that additional quota is available and the season is reopened, the fisheries for all linked species and/ or management groups are closed, even across fishing years. On December 2, 2014 (79 FR 71331), NMFS announced that the 2015 commercial Gulf of Mexico nonblacknose SCS quota is 45.5 metric tons (mt) dressed weight (dw) (100,317 lb dw) and the blacknose shark quota is 1.8 mt dw (4,076 lb dw). Dealer reports recently received through June 26, 2015, indicated that 36.9 mt dw or 81 percent of the available Gulf of Mexico non-blacknose SCS quota had been landed and 1.0 mt dw or 52 percent of the available Gulf of Mexico blacknose shark quota had been landed. Based on these dealer reports, landings of non-blacknose SCS have exceeded 80 percent of the quota by June 26, 2015. Accordingly, NMFS is closing both the commercial blacknose shark fishery and non-blacknose SCS management group in the Gulf of Mexico region as of 11:30 p.m. local time July 4, 2015. The only shark species or management groups that remain open in the Gulf of Mexico region are the research large coastal sharks, sandbar sharks within the shark research fishery, the blue shark, and pelagic sharks other than porbeagle or blue shark management groups. At § 635.27(b)(1), the boundary between the Gulf of Mexico region and VerDate Sep<11>2014 23:22 Jul 01, 2015 Jkt 235001 the Atlantic region is defined as a line beginning on the East Coast of Florida at the mainland at 25°20.4′ N. lat, proceeding due east. Any water and land to the south and west of that boundary is considered, for the purposes of monitoring and setting quotas, to be within the Gulf of Mexico region. During the closure, retention of blacknose sharks and non-blacknose SCS in the Gulf of Mexico region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit (LAP) under § 635.4. However, persons aboard a commercially permitted vessel that is also properly permitted to operate as a charter vessel or headboat for HMS and is engaged in a for-hire trip could fish under the recreational retention limits for sharks and ‘‘no sale’’ provisions (§ 635.22(a) and (c)). During this closure, a shark dealer issued a permit pursuant to § 635.4 may not purchase or receive blacknose sharks or non-blacknose SCS in the Gulf of Mexico region from a vessel issued a shark LAP, except that a permitted shark dealer or processor may possess blacknose sharks and/or non-blacknose SCS in the Gulf of Mexico region that were harvested, off-loaded, and sold, traded, or bartered prior to the effective date of the closure and were held in storage consistent with § 635.28(b)(5). Similarly, a shark dealer issued a permit pursuant to § 635.4 may, in accordance with relevant state regulations, purchase or receive blacknose sharks and/or nonblacknose SCS in the Gulf of Mexico region if the sharks were harvested, offloaded, and sold, traded, or bartered from a vessel that fishes only in state waters and that has not been issued a shark LAP, HMS Angling permit, or HMS Charter/Headboat permit pursuant to § 635.4. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing prior notice and public comment for this action is impracticable and contrary to the public interest because the fisheries are currently underway and any delay in this action would result in overharvest of the Gulf of Mexico nonblacknose SCS quota and be inconsistent with management requirements and objectives. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if the quota is exceeded, the stock may be negatively affected and fishermen ultimately could experience reductions in the available quota and a lack of PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 38017 fishing opportunities in future seasons. For these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553(d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 29, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–16355 Filed 6–29–15; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887–5172–02] RIN 0648–XE023 Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish 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 exchanging unused Community Development Quota (CDQ) for CDQ acceptable biological catch (ABC) reserves. This action is necessary to allow the 2015 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested. SUMMARY: Effective July 2, 2015 through 2400 hours, Alaska local time (A.l.t.), December 31, 2015. 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 2015 flathead sole, rock sole and yellowfin sole CDQ reserves specified in DATES: E:\FR\FM\02JYR1.SGM 02JYR1 38018 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations the BSAI are 2,595, 7,410, and 15,943 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015). The 2015 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 4,481, 12,032, and 10,679 mt as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015). The Yukon Delta Fisheries Development Association has requested that NMFS exchange 50 mt of flathead sole and 250 mt of yellowfin sole CDQ reserves for 300 mt of rock sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 50 mt of flathead sole and 250 mt of yellowfin sole CDQ reserves for 300 mt of rock 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 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) are revised as follows: TABLE 11—FINAL 2015 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 Sector Eastern Aleutian district TAC .......................................................... CDQ ......................................................... ICA ........................................................... BSAI trawl limited access ........................ Amendment 80 ......................................... Alaska Groundfish Cooperative ............... Alaska Seafood Cooperative ................... Central Aleutian district 8,000 856 100 704 6,340 3,362 2,978 Flathead sole Western Aleutian district 7,000 749 75 618 5,558 2,947 2,611 Rock sole Yellowfin sole BSAI BSAI BSAI 9,000 963 10 161 7,866 4,171 3,695 24,200 2,545 5,000 0 16,655 1,708 14,947 69,550 7,710 8,000 0 53,840 13,318 40,522 148,750 15,693 5,000 16,165 111,892 44,455 67,437 Note: Sector apportionments may not total precisely due to rounding. TABLE 13—FINAL 2015 AND 2016 ABC SURPLUS, 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] 2015 Flathead sole Sector ABC .......................................................... TAC .......................................................... ABC surplus ............................................. ABC reserve ............................................. CDQ ABC reserve ................................... Amendment 80 ABC reserve ................... Alaska Groundfish Cooperative for 2015 1 ................................................... Alaska Seafood Cooperative for 2015 1 .. 2015 Rock sole 2015 Yellowfin sole 2016 Flathead sole 2016 Rock sole 2016 Yellowfin sole 66,130 24,200 41,930 41,930 4,531 37,399 181,700 69,550 112,150 112,150 11,732 100,418 248,800 148,750 100,050 100,050 10,929 89,121 63,711 24,250 39,461 39,461 4,222 35,239 164,800 69,250 95,550 95,550 10,224 85,326 245,500 149,000 96,500 96,500 10,326 86,175 3,836 33,563 24,840 75,578 35,408 53,713 n/a n/a n/a n/a n/a n/a 1 The 2016 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, 2015. asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER 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 VerDate Sep<11>2014 23:22 Jul 01, 2015 Jkt 235001 Yukon Delta Fisheries 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 June 23, 2015. The AA also finds good cause to waive the 30-day delay in the effective PO 00000 Frm 00096 Fmt 4700 Sfmt 9990 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: June 29, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–16377 Filed 6–29–15; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\02JYR1.SGM 02JYR1

Agencies

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38017-38018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16377]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE023


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 Community Development Quota (CDQ) 
for CDQ acceptable biological catch (ABC) reserves. This action is 
necessary to allow the 2015 total allowable catch of flathead sole, 
rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands 
management area to be harvested.

DATES: Effective July 2, 2015 through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2015.

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 2015 flathead sole, rock sole and yellowfin sole CDQ reserves 
specified in

[[Page 38018]]

the BSAI are 2,595, 7,410, and 15,943 metric tons (mt) as established 
by the final 2015 and 2016 harvest specifications for groundfish in the 
BSAI (80 FR 11919, March 5, 2015). The 2015 flathead sole, rock sole, 
and yellowfin sole CDQ ABC reserves are 4,481, 12,032, and 10,679 mt as 
established by the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015).
    The Yukon Delta Fisheries Development Association has requested 
that NMFS exchange 50 mt of flathead sole and 250 mt of yellowfin sole 
CDQ reserves for 300 mt of rock sole CDQ ABC reserves under Sec.  
679.31(d). Therefore, in accordance with Sec.  679.31(d), NMFS 
exchanges 50 mt of flathead sole and 250 mt of yellowfin sole CDQ 
reserves for 300 mt of rock 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 2015 and 2016 
harvest specifications for groundfish in the BSAI (80 FR 11919, March 
5, 2015) are revised as follows:

 Table 11--Final 2015 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.....................................................           8,000           7,000           9,000          24,200          69,550         148,750
CDQ.....................................................             856             749             963           2,545           7,710          15,693
ICA.....................................................             100              75              10           5,000           8,000           5,000
BSAI trawl limited access...............................             704             618             161               0               0          16,165
Amendment 80............................................           6,340           5,558           7,866          16,655          53,840         111,892
Alaska Groundfish Cooperative...........................           3,362           2,947           4,171           1,708          13,318          44,455
Alaska Seafood Cooperative..............................           2,978           2,611           3,695          14,947          40,522          67,437
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 13--Final 2015 and 2016 ABC Surplus, 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          2015  Flathead    2015  Rock         2015       2016  Flathead    2016  Rock         2016
                         Sector                                sole            sole       Yellowfin sole       sole            sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          66,130         181,700         248,800          63,711         164,800         245,500
TAC.....................................................          24,200          69,550         148,750          24,250          69,250         149,000
ABC surplus.............................................          41,930         112,150         100,050          39,461          95,550          96,500
ABC reserve.............................................          41,930         112,150         100,050          39,461          95,550          96,500
CDQ ABC reserve.........................................           4,531          11,732          10,929           4,222          10,224          10,326
Amendment 80 ABC reserve................................          37,399         100,418          89,121          35,239          85,326          86,175
Alaska Groundfish Cooperative for 2015 \1\..............           3,836          24,840          35,408             n/a             n/a             n/a
Alaska Seafood Cooperative for 2015 \1\.................          33,563          75,578          53,713             n/a             n/a             n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2016 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, 2015.

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 Yukon Delta Fisheries 
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 June 
23, 2015.
    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: June 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-16377 Filed 6-29-15; 4:15 pm]
BILLING CODE 3510-22-P