[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Rules and Regulations]
[Pages 42987-42988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17416]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 130925836-4174-02]
RIN 0648-XD361


Fisheries of the Exclusive Economic Zone Off Alaska; 
Reapportionment of the 2014 Gulf of Alaska Pacific Halibut Prohibited 
Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery 
Categories

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reapportionment.

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SUMMARY: NMFS is reapportioning the seasonal apportionments of the 2014 
Pacific halibut prohibited species catch (PSC) limits for the trawl 
deep-water and shallow-water species fishery categories in the Gulf of 
Alaska. This action is necessary to account for the actual halibut PSC 
use by the trawl deep-water and shallow-water species fishery 
categories from May 15 through June 30, 2014. This action is consistent 
with the goals and objectives of the Fishery Management Plan for 
Groundfish of the Gulf of Alaska.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 21, 2014, 
through 2400 hours, A.l.t., December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Gulf of Alaska (GOA) exclusive economic zone according to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (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 final 2014 and 2015 harvest specifications for groundfish in 
the GOA (79 FR 12890, March 6, 2014) apportions the 2014 Pacific 
halibut PSC limit for trawl gear in the GOA to two trawl fishery 
categories: A deep-water species fishery and a shallow-water species 
fishery. The halibut PSC limit for these two trawl fishery categories 
is further apportioned by season, including four seasonal 
apportionments to the shallow-water species fishery and three seasonal 
apportionments to the deep-water species fishery. The two fishery 
categories also are apportioned a combined, fifth seasonal halibut PSC 
limit. Unused seasonal apportionments are added to the next season 
apportionment during a fishing year.
    Regulations at Sec.  679.21(d)(4)(iii)(D) allow NMFS to combine the 
management of available PSC limits in the trawl deep-water and shallow-
water species fishery categories during the second season (April 1 
through July 1) each year. Any remaining amount of the second season 
halibut PSC limit apportioned to the two separate trawl fishery 
categories that is available after May 15 may be used in either the 
deep-water species or shallow-water species fishery. Under this 
combined halibut PSC limit management, vessels using trawl gear are 
able to use the remaining, combined amount of the halibut PSC limit 
that was initially apportioned to each fishery category.
    This management measure was effective from May 15 through June 30, 
2014, based on the halibut PSC limit in both fishery categories as of 
May 15, 2014. This 2014 halibut PSC limit includes the combined first 
and second season halibut PSC limits for the deep-water and shallow-
water fisheries categories, which totals 877 mt. The second seasonal 
apportionment of the halibut PSC limit to the trawl deep-water and 
shallow-water fisheries ended on July 1, 2014 (Sec.  679.21(d)(4)). As 
of July 1, 2014, the trawl deep-water and shallow-water fisheries used 
202 mt and 26 mt of halibut PSC, respectively, from May 15 through June 
30. Accordingly, NMFS is reapportioning the combined 877 mt halibut PSC 
limit between these two fishery categories to account for the actual 
halibut PSC use in each fishery.
    In accordance with Sec.  679.21(d)(4)(iii)(D), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that, 
based on the actual use of halibut PSC during May 15 through June 30 of 
the second season, the trawl deep-water and shallow-water fishery 
halibut PSC limits must be reapportioned. The combined catch of halibut 
PSC in the deep-water and shallow-water fishery categories between 
January 1, 2014 and June 30, 2014 was 795 mt of the available 877 mt. 
Pursuant to Sec.  679.21(d)(4)(iii)(D), the Regional Administrator is 
reapportioning the 2014 halibut PSC limit of 877 mt between the trawl 
deep-water and shallow-water fishery categories. Therefore, Table 16 of 
the final 2014 and 2015 harvest specifications for groundfish in the 
GOA (79 FR 12890, March 6, 2014) is revised consistent with this 
adjustment.

[[Page 42988]]



Table 16--Final 2014 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-Water Species
                            Fishery and the Shallow-Water Species Fishery Categories
                                           [Values are in metric tons]
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                 Season                     Shallow-water             Deep-water \1\                 Total
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January 20-April 1.....................                 168  35.............................                 203
April 1-July 1.........................                  47  627............................                 674
Subtotal of combined first and second                   215  662............................                 877
 season limit (January 20--July 1).
July 1-September 1.....................                 185  370............................                 555
September 1-October 1..................                 139  Any remainder..................                 139
Subtotal January 20-October 1..........                 539  1,032..........................               1,571
October 1-December 31 \2\..............  ..................  ...............................                 277
                                        --------------------                                 -------------------
    Total..............................  ..................  ...............................               1,848
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\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
  season (July 1 through September 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fishery categories during the
  fifth season (October 1 through December 31).

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 allow for harvests that exceed the originally specified 
apportionment of the halibut PSC limits to the deep-water and shallow-
water fishery categories. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of July 17, 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.
    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 21, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-17416 Filed 7-21-14; 11:15 am]
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