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Rule

Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

A Rule by the National Oceanic and Atmospheric Administration on 10/30/2015

Published Document: 2015-27694 (80 FR 66839)

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Department of Commerce
National Oceanic and Atmospheric Administration
  1. 50 CFR Part 679
  2. [Docket No. 141021887-5172-02]
  3. RIN 0648-XE274

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 rock sole and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

DATES:

Effective October 30, 2015 through 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.

The 2015 rock sole and yellowfin sole CDQ reserves specified in the BSAI are 6,875 metric tons (mt) and 17,321 mt as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) and following revisions (80 FR 65663, October 27, 2015). The 2015 rock sole, and yellowfin sole CDQ ABC reserves are 12,567 mt and 9,301 mt as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) and following revisions (80 FR 65663, October 27, 2015).

The Bristol Bay Economic Development Corporation has requested that NMFS exchange 600 mt of rock sole CDQ reserves for 600 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 600 mt of rock sole CDQ reserves for 600 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 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) and following revisions (80 FR 65663, October 27, 2015) are further revised as follows:

Table 11—Final 2015 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]
Sector Pacific ocean perch Flathead sole Rock sole Yellowfin sole
Eastern Aleutian District Central Aleutian District Western Aleutian District BSAI BSAI BSAI
TAC 8,000 7,000 9,000 17,187 65,315 159,998
CDQ 856 749 963 1,752 6,275 17,921
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 10,435 51,040 120,912
Alaska Groundfish Cooperative 3,362 2,947 4,171 1,708 13,318 44,455
Alaska Seafood Cooperative 2,978 2,611 3,695 8,727 37,722 76,457
Note: Sector apportionments may not total precisely due to rounding.

Table 13—Final 2015 and 2016 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]
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 17,187 65,315 159,998 24,250 69,250 149,000
ABC surplus 48,943 116,385 88,802 39,461 95,550 96,500
ABC reserve 48,943 116,385 88,802 39,461 95,550 96,500
CDQ ABC reserve 5,324 13,167 8,701 4,222 10,224 10,326
Amendment 80 ABC reserve 43,619 103,218 80,101 35,239 85,326 86,175
Alaska Groundfish Cooperative for 2015 1 3,836 24,840 35,408 n/a n/a n/a
Alaska Seafood Cooperative for 2015 1 39,783 78,378 44,693 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.
( printed page 66840)

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 Bristol Bay 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 October 20, 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: October 27, 2015.

Emily H. Menashes,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2015-27694 Filed 10-29-15; 8:45 am]

BILLING CODE 3510-22-P

Published Document: 2015-27694 (80 FR 66839)