Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area
Federal Register, Volume 80 Issue 167 (Friday, August 28, 2015)
Federal Register Volume 80, Number 167 (Friday, August 28, 2015)
Rules and Regulations
Pages 52204-52205
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2015-21272
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 141021887-5172-02
RIN 0648-XE144
Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species 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; apportionment of reserves; request for comments.
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SUMMARY: NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of Bering Sea and Aleutian Islands (BSAI) northern rockfish, BSAI squids, Bering
Page 52205
Sea (BS) Greenland turbot, and BS Pacific ocean perch in the BSAI management area. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.
DATES: Effective August 27, 2015, through 2400 hrs, Alaska local time, December 31, 2015. Comments must be received at the following address no later than 4:30 p.m., Alaska local time, September 11, 2015.
ADDRESSES: You may submit comments on this document, identified by FDMS Docket Number NOAA-NMFS-2014-0134 by any of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to, http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0134, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the (BSAI) exclusive economic zone 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 ITAC of BSAI northern rockfish was established as 2,763 metric tons (mt), the 2015 ITAC of BSAI squids was established as 340 mt, the 2015 ITAC of BS Greenland turbot was established as 2,081 mt, and the 2015 ITAC of BS Pacific ocean perch was established as 6,818 mt by the final 2015 and 2016 harvest specifications for groundfish of the BSAI (80 FR 11919, March 5, 2015). In accordance with Sec. 679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has reviewed the most current available data and finds that the ITACs for BSAI northern rockfish, BSAI squids, BS Greenland turbot, and BS Pacific ocean perch need to be supplemented from the non-specified reserve to promote efficiency in the utilization of fishery resources in the BSAI and allow fishing operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions from the non-specified reserve of groundfish 3,500 mt to the BSAI northern rockfish ITAC, 1,630 mt to the BSAI squids ITAC, 105 mt to the BS Greenland turbot ITAC, and 1,203 mt to the BS Pacific ocean perch ITAC. These apportionments are consistent with Sec. 679.20(b)(1)(i) and do not result in overfishing of any target species because the revised ITACs and total allowable catch (TAC) are equal to or less than the specifications of the acceptable biological catch in the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015).
The harvest specification for the 2015 ITACs and TACs included in the harvest specifications for groundfish in the BSAI are revised as follows: The ITAC and TAC is increased to 6,263 mt for BSAI northern rockfish and 1,970 mt for BSAI squids. The ITAC is increased to the full TAC of 2,448 mt for BS Greenland turbot, including 262 tons of Community Development Quota. And, the ITAC is increased to the full TAC of 8,021 mt for BS Pacific ocean perch.
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) and Sec. 679.20(b)(3)(iii)(A) as such a 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 apportionment of the non-specified reserves of groundfish to the BSAI northern rockfish, BSAI squids, BS Greenland turbot, and BS Pacific ocean perch fisheries in the BSAI. 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 and processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 21, 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.
Under Sec. 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES) until September 11, 2015.
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: August 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 2015-21272 Filed 8-27-15; 8:45 am
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