Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 76875-76876 [2016-26723]

Download as PDF 76875 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations vessels permitted in the Atlantic tunas General and HMS Charter/Headboat categories (while fishing commercially) must cease at 11:30 p.m. local time on November 4, 2016. The General category will reopen automatically on January 1, 2017, for the January through March 2017 subperiod. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). The intent of this closure is to prevent any further overharvest of the available 2016 General category quota. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs at § 635.26. Anglers are also reminded that all BFT that are released must be handled in a manner that will maximize survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available atwww.nmfs.noaa.gov/sfa/hms/. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. These fisheries are currently underway and delaying this action would be contrary to the public interest as it could result in excessive BFT landings that may result in future potential quota reductions for the General category. NMFS must close the General category fishery for 2016 to prevent the available quota from being exceeded any further. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness. This action is being taken under § 635.28(a)(1), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: November 1, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–26718 Filed 11–1–16; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863–6211–02] RIN 0648–XF010 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 rock sole Amendment 80 allocations of the total allowable catch for yellowfin sole Amendment 80 acceptable biological catch (ABC) reserves. This action is necessary to allow the 2016 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 November 4, 2016, through December 31, 2016. DATES: FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. 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 Amendment 80 allocations of the total allowable catch (TAC) specified in the BSAI are 9,853 metric tons (mt), 43,965 mt, and 115,038 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) and as revised (81 FR 75740, November 1, 2016). The 2016 flathead sole, rock sole, and yellowfin sole Amendment 80 ABC reserves are 44,308 mt, 93,897 mt, and 55,531 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016). The Alaska Seafood cooperative has requested that NMFS exchange 850 mt of flathead sole and 1,670 mt of rock sole Amendment 80 allocations of the TAC for 2,520 mt of yellowfin sole Amendment 80 ABC reserves under § 679.91(i). Therefore, in accordance with § 679.91(i), NMFS exchanges 850 mt of flathead sole and 1,670 mt of rock sole Amendment 80 allocations of the TAC for 2,520 mt of yellowfin sole Amendment 80 ABC reserves in the BSAI. This action also decreases and increases the TACs and Amendment 80 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) and as revised (81 FR 75740, November 1, 2016) are further revised as follows: SUPPLEMENTARY INFORMATION: 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 rmajette on DSK2TPTVN1PROD with RULES [Amounts are in metric tons] Pacific ocean perch Sector Eastern Aleutian District TAC .......................................................... VerDate Sep<11>2014 11:51 Nov 03, 2016 Jkt 241001 7,900 PO 00000 Frm 00033 Central Aleutian District Flathead sole Western Aleutian District 7,000 Fmt 4700 Sfmt 4700 9,000 Rock sole Yellowfin sole BSAI BSAI BSAI 15,163 E:\FR\FM\04NOR1.SGM 04NOR1 52,659 154,278 76876 Federal Register / Vol. 81, No. 214 / Friday, November 4, 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 1,160 5,000 0 9,003 1,411 7,592 4,364 6,000 0 42,295 11,129 31,166 18,241 3,500 14,979 117,558 43,748 73,810 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 15,163 51,087 51,087 5,929 45,158 161,100 52,659 108,441 108,441 12,874 95,567 211,700 154,278 57,422 57,422 4,411 53,011 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 41,013 22,974 72,593 24,019 28,992 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. rmajette on DSK2TPTVN1PROD with RULES 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 11:51 Nov 03, 2016 Jkt 241001 Alaska Seafood cooperative 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 October 25, 2016. The AA also finds good cause to waive the 30-day delay in the effective PO 00000 Frm 00034 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: November 1, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–26723 Filed 11–3–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\04NOR1.SGM 04NOR1

Agencies

[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 76875-76876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26723]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF010


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 rock sole 
Amendment 80 allocations of the total allowable catch for yellowfin 
sole Amendment 80 acceptable biological catch (ABC) reserves. This 
action is necessary to allow the 2016 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 November 4, 2016, through December 31, 2016.

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 2016 flathead sole, rock sole, and yellowfin sole Amendment 80 
allocations of the total allowable catch (TAC) specified in the BSAI 
are 9,853 metric tons (mt), 43,965 mt, and 115,038 mt as established by 
the final 2016 and 2017 harvest specifications for groundfish in the 
BSAI (81 FR 14773, March 18, 2016) and as revised (81 FR 75740, 
November 1, 2016). The 2016 flathead sole, rock sole, and yellowfin 
sole Amendment 80 ABC reserves are 44,308 mt, 93,897 mt, and 55,531 mt 
as established by the final 2016 and 2017 harvest specifications for 
groundfish in the BSAI (81 FR 14773, March 18, 2016).
    The Alaska Seafood cooperative has requested that NMFS exchange 850 
mt of flathead sole and 1,670 mt of rock sole Amendment 80 allocations 
of the TAC for 2,520 mt of yellowfin sole Amendment 80 ABC reserves 
under Sec.  679.91(i). Therefore, in accordance with Sec.  679.91(i), 
NMFS exchanges 850 mt of flathead sole and 1,670 mt of rock sole 
Amendment 80 allocations of the TAC for 2,520 mt of yellowfin sole 
Amendment 80 ABC reserves in the BSAI. This action also decreases and 
increases the TACs and Amendment 80 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) 
and as revised (81 FR 75740, November 1, 2016) are further 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            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           7,900           7,000           9,000          15,163          52,659         154,278

[[Page 76876]]

 
CDQ.....................................................             845             749             963           1,160           4,364          18,241
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           9,003          42,295         117,558
Alaska Groundfish Cooperative...........................           3,271           2,947           4,171           1,411          11,129          43,748
Alaska Seafood Cooperative..............................           2,898           2,611           3,695           7,592          31,166          73,810
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 Yellowfin   2017 Flathead                  2017 Yellowfin
                         Sector                                sole       2016 Rock sole       sole            sole       2017 Rock sole       sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          66,250         161,100         211,700          64,580         145,000         203,500
TAC.....................................................          15,163          52,659         154,278          21,000          57,100         144,000
ABC surplus.............................................          51,087         108,441          57,422          43,580          87,900          59,500
ABC reserve.............................................          51,087         108,441          57,422          43,580          87,900          59,500
CDQ ABC reserve.........................................           5,929          12,874           4,411           4,663           9,405           6,367
Amendment 80 ABC reserve................................          45,158          95,567          53,011          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\.................          41,013          72,593          28,992             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 Alaska Seafood cooperative 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 October 25, 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: November 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-26723 Filed 11-3-16; 8:45 am]
BILLING CODE 3510-22-P