[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76249-76250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30875]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE344


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) and total allowable catch (TAC) of 
Bering Sea and Aleutian Islands (BSAI) northern rockfish, BSAI octopus, 
BSAI sculpins, and BSAI skates 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 December 3, 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, December 18, 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 TAC of BSAI northern rockfish was established as 6,263 
metric tons (mt), the 2015 TAC of BSAI octopus was established as 400 
mt, the 2015 ITAC of BSAI sculpins was established as 3,995 mt, and the 
2015 ITAC of BSAI skates was established as 21,845 mt by the final 2015 
and 2016 harvest specifications for groundfish of the BSAI (80 FR 
11919, March 5, 2015) and further revisions (80 FR 52204, August 28, 
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 and TACs for BSAI northern 
rockfish, BSAI octopus, BSAI sculpins, and BSAI skates 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 1,000 mt to the BSAI 
northern rockfish TAC, 100 mt to the BSAI octopus TAC, 800 mt to the 
BSAI sculpins ITAC, and 3,428 mt to the BSAI skates 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 TACs 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 are increased to 7,263 mt for BSAI northern 
rockfish, 500 mt for BSAI octopuses, 4,795 mt for BSAI sculpins, and 
25,273 mt for BSAI skates.

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 octopus, 
BSAI sculpins, and BSAI skates ITACS and TACS 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 November 30, 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 December 
18, 2015.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.


[[Page 76250]]


    Authority:  16 U.S.C. 1801, et seq.

    Dated: December 3, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-30875 Filed 12-3-15; 4:15 pm]
 BILLING CODE 3510-22-P