80 FR 127 pgs. 38017-38018 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

Type: RULEVolume: 80Number: 127Pages: 38017 - 38018
Docket number: [Docket No. 141021887-5172-02]
FR document: [FR Doc. 2015-16377 Filed 6-29-15; 4:15 pm]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version:  PDF Version
Pages: 38017, 38018

[top] page 38017

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.


[top] 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 § 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:

Sector Pacific ocean perch Eastern Aleutian district Central Aleutian district Western Aleutian district Flathead sole BSAI Rock sole BSAI Yellowfin sole BSAI
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.

Sector 2015 Flathead sole 2015 Rock sole 2015 Yellowfin sole 2016 Flathead sole 2016 Rock sole 2016 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 20151 3,836 24,840 35,408 n/a n/a n/a
Alaska Seafood Cooperative for 20151 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 § 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]

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