[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60381-60382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23988]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD535


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 of Bering Sea (BS) Greenland turbot, BS 
Pacific ocean perch, Bering Sea and Aleutian Islands (BSAI) Kamchatka 
flounder, and BSAI squids and the total allowable catch of BSAI sharks 
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 October 3, 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, October 20, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0152, by any of the following methods:
    <bullet> 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.
    <bullet> 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). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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 total allowable catch (ITAC) of BS Greenland 
turbot in the BSAI was established as 1,410 metric tons (mt), the 2014 
ITAC of BS Pacific ocean perch was established as 6,531 mt, the 2014 
ITAC of BSAI Kamchatka flounder was established as 6,035 mt, the 2014 
ITAC of BSAI squids was established as 264 mt, and the 2014 total 
allowable catch (TAC) of BSAI sharks was established as 125 mt 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 ITACs for BS Greenland 
turbot, BS Pacific ocean perch, BSAI Kamchatka flounder, BSAI squids 
and the total allowable catch of BSAI sharks 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 71 mt to the BS Greenland 
turbot ITAC, 1,153 mt to the BS Pacific ocean perch ITAC, 1,065 mt to 
the BSAI Kamchatka flounder ITAC, 1,500 mt to the BSAI squids ITAC, and 
100 mt to the BSAI sharks TAC 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 ITACs and TAC are equal to or 
less than the specifications of the acceptable biological catch 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 ITACs included in the 
harvest specifications for groundfish in the BSAI are revised as 
follows: 1,481 mt for BS Greenland turbot, 7,684 mt for BS Pacific 
ocean perch, 7,100 mt for BSAI Kamchatka flounder, 1,764 mt for BSAI 
squids, and 225 mt for BSAI sharks.

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 BS Greenland turbot, BS Pacific ocean 
perch, BSAI Kamchatka flounder, BSAI squids, and BSAI sharks 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 September 30, 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 October 
20, 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.


[[Page 60382]]


    Dated: October 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-23988 Filed 10-3-14; 11:15 am]
BILLING CODE 3510-22-P