Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 41253-41254 [2016-15001]

Download as PDF Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations determined that this final rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law. NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for the establishment of these final harvest specifications for the 2016–2017 Pacific sardine fishing season. In accordance with the FMP, this rule was recommended by the Council at its meeting in April 2016, the contents of which were based on the best available new information on the population status of Pacific sardine that became available at that time. Making these final specifications effective on July 1 is necessary for the conservation and management of the Pacific sardine resource. The FMP requires a prohibition on directed fishing for Pacific sardine for the 2016–2017 fishing year because the sardine biomass is below the CUTOFF. The purpose of the CUTOFF in the FMP—and prohibiting directed fishing when the biomass drops below this level—is to protect the stock when biomass is low and provide a buffer of spawning stock that is protected from fishing and available for use in rebuilding the stock. A delay in the effectiveness of this rule for a full 30 days would not allow the implementation of this prohibition prior to the expiration of the closure of the directed fishery on July 1, 2016, which was imposed under the 2015–2016 annual specifications. Delaying the effective date of this rule beyond July 1 would be contrary to the public interest because reducing Pacific sardine biomass beyond the limits set out in this action could decrease the sustainability of the Pacific sardine, as well as cause future harvest limits to be even lower under the harvest control rule, thereby reducing future profits of the fishery. These final specifications are exempt from review under Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This action does not contain a collection-of-information requirement for purposes of the Paper Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: June 17, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016–14955 Filed 6–23–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863–6211–02] RIN 0648–XE694 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 flathead sole and yellowfin sole Community Development Quota (CDQ) for rock sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2016 total allowable catch of rock sole in the Bering Sea and Aleutian Islands management area to be harvested. SUMMARY: 41253 Effective June 24, 2016 through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2016 flathead sole, rock sole, and yellowfin sole CDQ reserves specified in the BSAI are 2,247 mt, 5,710 mt, and 15,808 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), and one flatfish exchange (81 FR 21482, April 12, 2016). The 2016 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 4,842 mt, 11,528 mt, and 6,844 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), and one flatfish exchange (81 FR 21482, April 12, 2016). The Yukon Delta Fisheries Development Association has requested that NMFS exchange 15 mt of flathead sole and 35 mt of yellowfin sole CDQ reserves for 50 mt of rock sole CDQ ABC reserve under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 15 mt of flathead sole and 35 mt of yellowfin sole CDQ reserves for 50 mt of rock sole CDQ ABC reserves in the BSAI. This action also decreases and increases the associated total annual catches (TAC) and CDQ ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), as revised by one flatfish exchange (81 FR 21842, April 12, 2016), are revised as follows: DATES: TABLE 11—FINAL 2016 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 sradovich on DSK3GDR082PROD with RULES [Amounts are in metric tons] Pacific ocean perch Sector Eastern Aleutian district TAC .......................................................... VerDate Sep<11>2014 16:19 Jun 23, 2016 Jkt 238001 7,900 PO 00000 Frm 00083 Central Aleutian district Flathead sole Western Aleutian district 7,000 Fmt 4700 Sfmt 4700 Rock sole Yellowfin sole BSAI BSAI BSAI 9,000 E:\FR\FM\24JNR1.SGM 20,985 24JNR1 56,750 144,365 41254 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations TABLE 11—FINAL 2016 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—Continued [Amounts are in metric tons] Pacific ocean perch Sector Eastern Aleutian district CDQ ......................................................... ICA ........................................................... BSAI trawl limited access ........................ Amendment 80 ......................................... Alaska Groundfish Cooperative ............... Alaska Seafood Cooperative ................... Central Aleutian district 845 200 685 6,169 3,271 2,898 Flathead sole Western Aleutian district 749 75 618 5,558 2,947 2,611 Rock sole Yellowfin sole BSAI BSAI BSAI 963 10 161 7,866 4,171 3,695 2,232 5,000 0 13,753 1,411 12,342 5,760 6,000 0 44,990 11,129 33,861 15,773 3,500 14,979 110,113 43,748 66,365 Note: Sector apportionments may not total precisely due to rounding. TABLE 13—FINAL 2016 AND 2017 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] 2016 Flathead sole Sector ABC .......................................................... TAC .......................................................... ABC surplus ............................................. ABC reserve ............................................. CDQ ABC reserve ................................... Amendment 80 ABC reserve ................... Alaska Groundfish Cooperative for 2016 1 ................................................... Alaska Seafood Cooperative for 2016 1 .. 2016 Rock sole 2016 Yellowfin sole 2017 Flathead sole 2017 Rock sole 2017 Yellowfin sole 66,250 20,985 45,265 45,265 4,857 40,408 161,100 56,750 104,350 104,350 11,478 92,872 211,700 144,365 67,335 67,335 6,879 60,456 64,580 21,000 43,580 43,580 4,663 38,917 145,000 57,100 87,900 87,900 9,405 78,495 203,500 144,000 59,500 59,500 6,367 53,134 4,145 36,263 22,974 69,898 24,019 36,437 n/a n/a n/a n/a n/a n/a 1 The 2017 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, 2016. Classification sradovich on DSK3GDR082PROD 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 flatfish exchange by the VerDate Sep<11>2014 16:19 Jun 23, 2016 Jkt 238001 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 20, 2016. The AA also finds good cause to waive the 30-day delay in the effective PO 00000 Frm 00084 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 21, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–15001 Filed 6–23–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41253-41254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15001]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE694


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.

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SUMMARY: NMFS is exchanging unused flathead sole and yellowfin sole 
Community Development Quota (CDQ) for rock sole CDQ acceptable 
biological catch (ABC) reserves in the Bering Sea and Aleutian Islands 
management area. This action is necessary to allow the 2016 total 
allowable catch of rock sole in the Bering Sea and Aleutian Islands 
management area to be harvested.

DATES: Effective June 24, 2016 through December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2016 flathead sole, rock sole, and yellowfin sole CDQ reserves 
specified in the BSAI are 2,247 mt, 5,710 mt, and 15,808 mt as 
established by the final 2016 and 2017 harvest specifications for 
groundfish in the BSAI (81 FR 14773, March 18, 2016), and one flatfish 
exchange (81 FR 21482, April 12, 2016). The 2016 flathead sole, rock 
sole, and yellowfin sole CDQ ABC reserves are 4,842 mt, 11,528 mt, and 
6,844 mt as established by the final 2016 and 2017 harvest 
specifications for groundfish in the BSAI (81 FR 14773, March 18, 
2016), and one flatfish exchange (81 FR 21482, April 12, 2016).
    The Yukon Delta Fisheries Development Association has requested 
that NMFS exchange 15 mt of flathead sole and 35 mt of yellowfin sole 
CDQ reserves for 50 mt of rock sole CDQ ABC reserve under Sec.  
679.31(d). Therefore, in accordance with Sec.  679.31(d), NMFS 
exchanges 15 mt of flathead sole and 35 mt of yellowfin sole CDQ 
reserves for 50 mt of rock sole CDQ ABC reserves in the BSAI. This 
action also decreases and increases the associated total annual catches 
(TAC) and CDQ ABC reserves by the corresponding amounts. Tables 11 and 
13 of the final 2016 and 2017 harvest specifications for groundfish in 
the BSAI (81 FR 14773, March 18, 2016), as revised by one flatfish 
exchange (81 FR 21842, April 12, 2016), are revised as follows:

 Table 11--Final 2016 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
                                                             district        district        district                                          BSAI
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           7,900           7,000           9,000          20,985          56,750         144,365

[[Page 41254]]

 
CDQ.....................................................             845             749             963           2,232           5,760          15,773
ICA.....................................................             200              75              10           5,000           6,000           3,500
BSAI trawl limited access...............................             685             618             161               0               0          14,979
Amendment 80............................................           6,169           5,558           7,866          13,753          44,990         110,113
Alaska Groundfish Cooperative...........................           3,271           2,947           4,171           1,411          11,129          43,748
Alaska Seafood Cooperative..............................           2,898           2,611           3,695          12,342          33,861          66,365
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 13--Final 2016 and 2017 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2016 Flathead    2016  Rock         2016       2017  Flathead    2017  Rock         2017
                         Sector                                sole            sole       Yellowfin sole       sole            sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          66,250         161,100         211,700          64,580         145,000         203,500
TAC.....................................................          20,985          56,750         144,365          21,000          57,100         144,000
ABC surplus.............................................          45,265         104,350          67,335          43,580          87,900          59,500
ABC reserve.............................................          45,265         104,350          67,335          43,580          87,900          59,500
CDQ ABC reserve.........................................           4,857          11,478           6,879           4,663           9,405           6,367
Amendment 80 ABC reserve................................          40,408          92,872          60,456          38,917          78,495          53,134
Alaska Groundfish Cooperative for 2016 \1\..............           4,145          22,974          24,019             n/a             n/a             n/a
Alaska Seafood Cooperative for 2016 \1\.................          36,263          69,898          36,437             n/a             n/a             n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2017 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, 2016.

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 
20, 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: June 21, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-15001 Filed 6-23-16; 8:45 am]
 BILLING CODE 3510-22-P