Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 8418-8420 [2016-03465]
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8418
Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations
50 CFR 17.31 (for wildlife) and 17.71
(for plants), when it is deemed
necessary and advisable to provide for
the conservation of the species. No
special section 4(d) rules are proposed,
or anticipated to be proposed, for Santa
Cruz cypress, because there is currently
no conservation need to do so for this
species. Recovery actions directed at
Santa Cruz cypress will continue to be
implemented, as funding allows, as
outlined in the Recovery Plan for this
species (Service 1998, entire).
Required Determinations
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), Executive
Order 13175 (Consultation and
Coordination With Indian Tribal
Governments), and the Department of
the Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with tribes in developing programs for
healthy ecosystems, to acknowledge that
tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to tribes.
No tribal lands are within the range of
the Santa Cruz cypress.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We determined that environmental
assessments and environmental impact
statements, as defined under the
authority of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.), need not be prepared in
connection with regulations adopted
pursuant to Section 4(a) of the
Endangered Species Act. We published
a notice outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited
in this final rule is available on the
Internet at https://www.regulations.gov
under Docket No. FWS–R8–ES–2013–
0092 or upon request from the Field
Supervisor, Ventura Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this final rule
are employees of the Pacific Southwest
Regional Office in Sacramento,
California, in coordination with
employees of the Ventura Fish and
Wildlife Office in Ventura, California.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as follows:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; 4201–4245; unless otherwise noted.
2. Amend § 17.12(h) as follows:
■ a. By removing the entry for
‘‘Cupressus abramsiana’’ under
CONIFERS, and
■ b. By adding an entry for
‘‘Hesperocyparis abramsiana’’ under
CONIFERS to read as follows:
■
§ 17.12
*
Endangered and threatened plants.
*
*
(h) * * *
*
Species
Historic range
Scientific name
*
CONIFERS
*
*
Hesperocyparis
abramsiana.
*
*
*
Santa Cruz cypress
*
*
*
*
Family
Status
*
*
*
U.S.A. (CA) .............
*
*
*
*
*
T
*
252
*
*
Cupressaceae ........
*
ACTION:
50 CFR Part 679
SUMMARY:
[Docket No. 141021887–5172–02]
asabaliauskas on DSK5VPTVN1PROD with RULES
RIN 0648–XE450
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
16:19 Feb 18, 2016
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Special
rules
*
*
NA
NA
*
Atmospheric Administration (NOAA),
Commerce.
National Oceanic and Atmospheric
Administration
[FR Doc. 2016–03296 Filed 2–18–16; 8:45 am]
BILLING CODE 4333–15–P
Critical
habitat
*
DEPARTMENT OF COMMERCE
Dated: February 1, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
VerDate Sep<11>2014
When listed
Common name
*
Temporary rule.
NMFS is reallocating the
projected unused amounts of the
Community Development Quota pollock
directed fishing allowance from the
Aleutian Islands subarea to the Bering
Sea subarea. This action is necessary to
provide opportunity for harvest of the
2016 total allowable catch of pollock,
consistent with the goals and objectives
of the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area.
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Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations
Effective 1200 hrs, Alaska local
time (A.l.t.), February 19, 2016, until the
effective date of the final 2016 and 2017
harvest specifications for Bering Sea and
Aleutian Islands (BSAI) groundfish,
unless otherwise modified or
superseded through publication of a
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
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 (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
DATES:
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the
portion of the 2016 pollock total
allowable catch (TAC) allocated to the
Community Development Quota (CDQ)
directed fishing allowance (DFA) is
1,900 metric tons (mt) as established by
the final 2015 and 2016 harvest
specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015), and
as adjusted by an inseason adjustment
(81 FR 184, January 5, 2016).
As of February 11, 2016, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 1,900 mt of pollock
CDQ DFA in the Aleutian Islands
subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 1,900 mt of pollock CDQ
8419
DFA from the Aleutian Islands subarea
to the 2015 Bering Sea subarea
allocations. The 1,900 mt of pollock
CDQ DFA is added to the 2016 Bering
Sea CDQ DFA. As a result, the 2016
harvest specifications for pollock in the
Aleutian Islands subarea included in the
final 2015 and 2016 harvest
specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015) are
revised as follows: 0 mt to CDQ DFA.
Furthermore, pursuant to § 679.20(a)(5),
Table 5 of the final 2015 and 2016
harvest specifications for groundfish in
the BSAI (80 FR 11919, March 5, 2015),
as adjusted by the inseason adjustment
(81 FR 184, January 5, 2016), is revised
to make 2016 pollock allocations
consistent with this reallocation. This
reallocation results in adjustments to
the 2016 CDQ pollock allocations
established at § 679.20(a)(5).
TABLE 5—FINAL 2016 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2016 A season 1
2016
Allocations
Area and sector
asabaliauskas on DSK5VPTVN1PROD with RULES
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by C/Ps ..........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted C/P Limit 4 ...................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Total Bering Sea DFA .....................................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC 1 .......................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
Bogoslof District ICA 8 ......................................................................................
A season DFA
2016 B
season 1
SCA harvest
limit 2
B season DFA
1,340,000
135,900
48,240
578,880
463,104
423,740
39,364
2,316
115,776
202,608
347,328
1,157,760
32,227
17,100
0
2,400
14,700
n/a
54,360
n/a
231,552
185,242
169,496
15,746
926
46,310
n/a
n/a
463,104
n/a
n/a
0
1,200
11,691
n/a
38,052
n/a
162,086
129,669
n/a
n/a
n/a
32,417
n/a
n/a
324,173
n/a
n/a
n/a
n/a
n/a
n/a
81,540
n/a
347,328
277,862
254,244
23,618
1,389
69,466
n/a
n/a
694,656
n/a
n/a
0
1,200
3,009
9,668
4,834
1,611
500
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (4.0 percent), is allocated
as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the BS
subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June
10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
2 In the BS subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in
Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC.
8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and
are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
VerDate Sep<11>2014
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Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations
Classification
asabaliauskas on DSK5VPTVN1PROD with RULES
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 AI pollock.
VerDate Sep<11>2014
16:19 Feb 18, 2016
Jkt 238001
Since the pollock fishery is currently
open, it is important to immediately
inform the industry as to the final
Bering Sea subarea pollock allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery; allow
the industry to plan for the fishing
season and avoid potential disruption to
the fishing fleet as well as processors;
and provide opportunity to harvest
increased seasonal pollock allocations
while value is optimum. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of February 11, 2016.
PO 00000
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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: February 16, 2016
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–03465 Filed 2–18–16; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Rules and Regulations]
[Pages 8418-8420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03465]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 141021887-5172-02]
RIN 0648-XE450
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of the
Community Development Quota pollock directed fishing allowance from the
Aleutian Islands subarea to the Bering Sea subarea. This action is
necessary to provide opportunity for harvest of the 2016 total
allowable catch of pollock, consistent with the goals and objectives of
the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area.
[[Page 8419]]
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 19,
2016, until the effective date of the final 2016 and 2017 harvest
specifications for Bering Sea and Aleutian Islands (BSAI) groundfish,
unless otherwise modified or superseded through publication of a
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone 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
(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.
In the Aleutian Islands subarea, the portion of the 2016 pollock
total allowable catch (TAC) allocated to the Community Development
Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt)
as established by the final 2015 and 2016 harvest specifications for
groundfish in the BSAI (80 FR 11919, March 5, 2015), and as adjusted by
an inseason adjustment (81 FR 184, January 5, 2016).
As of February 11, 2016, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that 1,900 mt of pollock CDQ
DFA in the Aleutian Islands subarea will not be harvested. Therefore,
in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates
1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the
2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is
added to the 2016 Bering Sea CDQ DFA. As a result, the 2016 harvest
specifications for pollock in the Aleutian Islands subarea included in
the final 2015 and 2016 harvest specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015) are revised as follows: 0 mt to CDQ
DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 5 of the final
2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR
11919, March 5, 2015), as adjusted by the inseason adjustment (81 FR
184, January 5, 2016), is revised to make 2016 pollock allocations
consistent with this reallocation. This reallocation results in
adjustments to the 2016 CDQ pollock allocations established at Sec.
679.20(a)(5).
Table 5--Final 2016 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2016 A season \1\ 2016 B season
2016 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,340,000 n/a n/a n/a
CDQ DFA......................................... 135,900 54,360 38,052 81,540
ICA \1\......................................... 48,240 n/a n/a n/a
AFA Inshore..................................... 578,880 231,552 162,086 347,328
AFA Catcher/Processors \3\...................... 463,104 185,242 129,669 277,862
Catch by C/Ps............................... 423,740 169,496 n/a 254,244
Catch by CVs \3\............................ 39,364 15,746 n/a 23,618
Unlisted C/P Limit \4\...................... 2,316 926 n/a 1,389
AFA Motherships................................. 115,776 46,310 32,417 69,466
Excessive Harvesting Limit \5\.................. 202,608 n/a n/a n/a
Excessive Processing Limit \6\.................. 347,328 n/a n/a n/a
Total Bering Sea DFA............................ 1,157,760 463,104 324,173 694,656
Aleutian Islands subarea ABC.................... 32,227 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 17,100 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 11,691 n/a 3,009
Area harvest limit \7\
541......................................... 9,668 n/a n/a n/a
542......................................... 4,834 n/a n/a n/a
543......................................... 1,611 n/a n/a n/a
Bogoslof District ICA \8\....................... 500 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent)
and the ICA (4.0 percent), is allocated as a DFA as follows: inshore sector--50 percent, catcher/processor
sector (C/P)--40 percent, and mothership sector--10 percent. In the BS subarea, 40 percent of the DFA is
allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season (June 10-
November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after
subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is
allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is
allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
\2\ In the BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before
April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/
processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The
amounts specified are for ICA only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
[[Page 8420]]
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 AI pollock. Since the pollock fishery
is currently open, it is important to immediately inform the industry
as to the final Bering Sea subarea pollock allocations. Immediate
notification is necessary to allow for the orderly conduct and
efficient operation of this fishery; allow the industry to plan for the
fishing season and avoid potential disruption to the fishing fleet as
well as processors; and provide opportunity to harvest increased
seasonal pollock allocations while value is optimum. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of February 11, 2016.
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: February 16, 2016
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-03465 Filed 2-18-16; 8:45 am]
BILLING CODE 3510-22-P