[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Rules and Regulations]
[Pages 40016-40017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16254]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD372


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
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; 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 (TAC) and TAC of ``other flatfish'' in 
the Bering Sea and Aleutian Islands (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 July 8, 2014, through 2400 hrs, Alaska local time, 
December 31, 2014. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, July 23, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0152, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0152, 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.
     Fax: 907-586-7557; Attn: Ellen Sebastian.
    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), 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). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

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 2014 initial TAC and TAC of ``other flatfish'' in the BSAI were 
established as 2,253 metric tons (mt) and 2,650 mt, respectively, by 
the final 2014 and 2015 harvest specifications for groundfish of the 
BSAI (79 FR 12108, March 4, 2014). 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 ITAC and 
TAC for ``other flatfish'' in the BSAI needs 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 2,247 mt to the ITAC and 
1,850 mt to the TAC for ``other flatfish'' in the BSAI. These 
apportionments are consistent with Sec.  679.20(b)(1)(i) and do not 
result in overfishing of any target species because the revised TAC is 
equal to or less than the specifications of the acceptable biological 
catch of 12,400 mt in the final 2014 and 2015 harvest specifications 
for groundfish in the BSAI (79 FR 12108, March 4, 2014).
    The harvest specification for the 2014 TAC included in the harvest 
specifications for groundfish in the BSAI is revised to 4,500 mt for 
``other flatfish.''

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

[[Page 40017]]

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 ``other flatfish'' fishery 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 June 26, 2014.
    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 July 23, 
2014.
    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: July 8, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-16254 Filed 7-8-14; 4:15 pm]
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