Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 60784-60785 [2018-25765]

Download as PDF daltland on DSKBBV9HB2PROD with RULES 60784 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations and hammerhead sharks starting in January. The opening date and retention limits finalized in this rule for the Atlantic region are the same as those for the current year and similar to those for the 2016, 2017, and 2018 years. Based on past public comments, some Atlantic fishermen in the southern and northern parts of the region prefer a January 1 opening for the fishery as long as the majority of the quota is available later in the year. Along with the inseason retention limit adjustment criteria in § 635.24(a)(8), NMFS monitors the quota through the HMS electronic reporting system on a realtime basis. This allows NMFS the flexibility to further provide equitable fishing opportunities for fishermen across all regions, to the extent practicable. The direct impacts to shark fishermen in the Atlantic region of reducing the retention limit depend on the needed reduction in the retention limit and the timing of such a reduction. Therefore, such a reduction in the retention limit for directed shark limited access permit holders is only anticipated to have minor adverse direct economic impacts to fishermen in the short-term; long-term impacts are not anticipated as these reductions would not be permanent. In the northern portion of the Atlantic region, a January 1 opening for the aggregated LCS and hammerhead shark management groups, with inseason trip limit adjustments to ensure quota is available later in the season, will have direct, minor, beneficial economic impacts in the short-term for fishermen as they will potentially have access to the aggregated LCS and hammerhead shark quotas earlier than in past seasons. Fishermen in this area have stated that, depending on the weather, some aggregated LCS species might be available to retain in January. Thus, fishermen will be able to target or retain aggregated LCS while targeting nonblacknose SCS. There will be indirect, minor, beneficial economic impacts in the short- and long-term for shark dealers and other entities that deal with shark products in this region as they will also have access to aggregated LCS products earlier than in past seasons. Thus, opening the aggregated LCS and hammerhead shark management groups in January and using inseason trip limit adjustments to ensure the fishery is open later in the year in 2019 will cause VerDate Sep<11>2014 16:05 Nov 26, 2018 Jkt 247001 beneficial cumulative economic impacts, because it allows for a more equitable distribution of the quotas among constituents in this region, consistent with the 2006 Consolidated HMS FMP and its amendments. 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.’’ The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, NMFS has prepared a listserv summarizing fishery information and regulations for Atlantic shark fisheries for 2019. This listserv also serves as the small entity compliance guide. Copies of the compliance guide are available from NMFS (see ADDRESSES). Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. Dated: November 20, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–25744 Filed 11–26–18; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779–8161–02] RIN 0648–XG648 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 rock sole Community Development Quota (CDQ) for yellowfin sole CDQ SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2018 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested. Effective November 27, 2018 through December 31, 2018. 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 2018 rock sole and yellowfin sole CDQ reserves specified in the BSAI are 4,540 metric tons (mt) and 17,023 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018). The 2018 rock sole and yellowfin sole CDQ ABC reserves are 10,772 mt and 12,670 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018). The Norton Sound Economic Development Corporation has requested that NMFS exchange 400 mt of rock sole CDQ reserves for 400 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 400 mt of rock sole CDQ reserves for 400 mt of yellowfin 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 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018), are further revised as follows: SUPPLEMENTARY INFORMATION: E:\FR\FM\27NOR1.SGM 27NOR1 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations 60785 TABLE 11—FINAL 2018 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 ......................................... Central Aleutian District 9,000 963 100 794 7,143 Western Aleutian District 7,500 803 120 658 5,920 9,000 963 10 161 7,866 Flathead sole Rock sole Yellowfin sole BSAI BSAI BSAI 17,105 1,507 4,000 0 11,599 42,550 4,140 6,000 0 32,410 155,945 17,423 4,000 18,351 116,171 Note: Sector apportionments may not total precisely due to rounding. TABLE 13—FINAL 2018 AND 2019 ABC SURPLUS, ABC RESERVES, 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] 2018 Flathead sole Sector ABC .......................................................... TAC .......................................................... ABC surplus ............................................. ABC reserve ............................................. CDQ ABC reserve ................................... Amendment 80 ABC reserve ................... 66,773 17,105 49,668 49,668 5,638 44,030 2018 Rock sole 2018 Yellowfin sole 143,100 42,550 100,550 100,550 11,172 89,378 277,500 155,945 121,555 121,555 12,270 109,286 2019 1 Flathead sole 65,227 16,500 48,727 48,727 5,214 43,513 2019 1 Rock sole 2019 1 Yellowfin sole 132,000 49,100 82,900 82,900 8,870 74,030 267,500 156,000 111,500 111,500 11,931 99,570 1 The 2019 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, 2018. Classification daltland on DSKBBV9HB2PROD 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 16:05 Nov 26, 2018 Jkt 247001 Norton Sound Economic Development Corporation 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 November 19, 2018. The AA also finds good cause to waive the 30-day delay in the effective PO 00000 Frm 00057 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 20, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–25765 Filed 11–26–18; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60784-60785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25765]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG648


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 rock sole Community Development 
Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) 
reserves in the Bering Sea and Aleutian Islands management area. This 
action is necessary to allow the 2018 total allowable catch of 
yellowfin sole in the Bering Sea and Aleutian Islands management area 
to be harvested.

DATES: Effective November 27, 2018 through December 31, 2018.

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 2018 rock sole and yellowfin sole CDQ reserves specified in the 
BSAI are 4,540 metric tons (mt) and 17,023 mt as established by the 
final 2018 and 2019 harvest specifications for groundfish in the BSAI 
(83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 
50036, October 4, 2018). The 2018 rock sole and yellowfin sole CDQ ABC 
reserves are 10,772 mt and 12,670 mt as established by the final 2018 
and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, 
February 27, 2018) and revised by flatfish exchange (83 FR 50036, 
October 4, 2018).
    The Norton Sound Economic Development Corporation has requested 
that NMFS exchange 400 mt of rock sole CDQ reserves for 400 mt of 
yellowfin sole CDQ ABC reserves under Sec.  679.31(d). Therefore, in 
accordance with Sec.  679.31(d), NMFS exchanges 400 mt of rock sole CDQ 
reserves for 400 mt of yellowfin 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 2018 and 
2019 harvest specifications for groundfish in the BSAI (83 FR 8365, 
February 27, 2018) and revised by flatfish exchange (83 FR 50036, 
October 4, 2018), are further revised as follows:

[[Page 60785]]



 Table 11--Final 2018 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.....................................................           9,000           7,500           9,000          17,105          42,550         155,945
CDQ.....................................................             963             803             963           1,507           4,140          17,423
ICA.....................................................             100             120              10           4,000           6,000           4,000
BSAI trawl limited access...............................             794             658             161               0               0          18,351
Amendment 80............................................           7,143           5,920           7,866          11,599          32,410         116,171
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 13--Final 2018 and 2019 ABC Surplus, ABC Reserves, 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2018 Flathead                  2018 Yellowfin     2019 \1\      2019 \1\ Rock     2019 \1\
                         Sector                                sole       2018 Rock sole       sole        Flathead sole       sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          66,773         143,100         277,500          65,227         132,000         267,500
TAC.....................................................          17,105          42,550         155,945          16,500          49,100         156,000
ABC surplus.............................................          49,668         100,550         121,555          48,727          82,900         111,500
ABC reserve.............................................          49,668         100,550         121,555          48,727          82,900         111,500
CDQ ABC reserve.........................................           5,638          11,172          12,270           5,214           8,870          11,931
Amendment 80 ABC reserve................................          44,030          89,378         109,286          43,513          74,030          99,570
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2019 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, 2018.

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 Norton Sound Economic 
Development Corporation 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 
November 19, 2018.
    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 20, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-25765 Filed 11-26-18; 8:45 am]
 BILLING CODE 3510-22-P