ACTION:
Temporary rule; reallocation.
SUMMARY:
NMFS is exchanging allocations of Amendment 80 cooperative quota (CQ) for Amendment 80 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 September 28, 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 flathead sole, rock sole, and yellowfin sole Amendment 80 allocations of the total allowable catch (TAC) specified in the BSAI are 16,655 metric tons (mt), 53,840 mt, and 111,892 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 Amendment 80 ABC reserves are 37,399 mt, 100,418 mt, and 89,121 mt as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015).
The Alaska Seafood cooperative has requested that NMFS exchange 5,620 mt of flathead sole and 1,450 mt of rock sole Amendment 80 allocations of the TAC for 7,070 mt of yellowfin sole Amendment 80 ABC reserves under § 679.91(i). Therefore, in accordance with § 679.91(i), NMFS exchanges 5,620 mt of flathead sole and 1,450 mt of rock sole Amendment 80 allocations of the TAC for 7,070 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 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) and as revised (80 FR 55562, September 16, 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
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
18,355
67,475
156,670
CDQ
856
749
963
2,320
7,085
16,543
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
11,035
52,390
118,962
Alaska Groundfish Cooperative
3,362
2,947
4,171
1,708
13,318
44,455
Alaska Seafood Cooperative
2,978
2,611
3,695
9,327
39,072
74,507
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
18,355
67,475
156,670
24,250
69,250
149,000
ABC surplus
47,775
114,225
92,130
39,461
95,550
96,500
ABC reserve
47,775
114,225
92,130
39,461
95,550
96,500
CDQ ABC reserve
4,756
12,357
10,079
4,222
10,224
10,326
Amendment 80 ABC reserve
43,019
101,868
82,051
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
39,183
77,028
46,643
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 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 September 17, 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: September 22, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2015-24542 Filed 9-25-15; 8:45 am]
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