# Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of 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; reallocation.
**SUMMARY:**
NMFS is exchanging unused Community Development Quota (CDQ) for CDQ acceptable biological catch (ABC) reserves. This action is necessary to allow the 2015 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.
**DATES:**
Effective July 2, 2015 through 2400 hours, Alaska local time (A.l.t.), December 31, 2015.
**FOR FURTHER INFORMATION CONTACT:**
Steve Whitney, 907-586-7228.
**SUPPLEMENTARY INFORMATION:**
NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands management area (BSAI) 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 flathead sole, rock sole and yellowfin sole CDQ reserves specified in the BSAI are 2,595, 7,410, and 15,943 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015). The 2015 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 4,481, 12,032, and 10,679 mt as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015).
The Yukon Delta Fisheries Development Association has requested that NMFS exchange 50 mt of flathead sole and 250 mt of yellowfin sole CDQ reserves for 300 mt of rock sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 50 mt of flathead sole and 250 mt of yellowfin sole CDQ reserves for 300 mt of rock sole CDQ ABC reserves in the BSAI. This action also decreases and increases the TACs and CDQ ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) are revised as follows:
| Sector | Pacific ocean perch | Eastern Aleutian district | Central Aleutian district | Western Aleutian district | Flathead sole | BSAI | Rock sole | BSAI | Yellowfin sole | BSAI |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| TAC | 8,000 | 7,000 | 9,000 | 24,200 | 69,550 | 148,750 | | | | |
| CDQ | 856 | 749 | 963 | 2,545 | 7,710 | 15,693 | | | | |
| ICA | 100 | 75 | 10 | 5,000 | 8,000 | 5,000 | | | | |
| BSAI trawl limited access | 704 | 618 | 161 | 0 | 0 | 16,165 | | | | |
| Amendment 80 | 6,340 | 5,558 | 7,866 | 16,655 | 53,840 | 111,892 | | | | |
| Alaska Groundfish Cooperative | 3,362 | 2,947 | 4,171 | 1,708 | 13,318 | 44,455 | | | | |
| Alaska Seafood Cooperative | 2,978 | 2,611 | 3,695 | 14,947 | 40,522 | 67,437 | | | | |
| Sector | 2015 | 2015 | 2015 | 2016 | 2016 | 2016 |
| --- | --- | --- | --- | --- | --- | --- |
| ABC | 66,130 | 181,700 | 248,800 | 63,711 | 164,800 | 245,500 |
| TAC | 24,200 | 69,550 | 148,750 | 24,250 | 69,250 | 149,000 |
| ABC surplus | 41,930 | 112,150 | 100,050 | 39,461 | 95,550 | 96,500 |
| ABC reserve | 41,930 | 112,150 | 100,050 | 39,461 | 95,550 | 96,500 |
| CDQ ABC reserve | 4,531 | 11,732 | 10,929 | 4,222 | 10,224 | 10,326 |
| Amendment 80 ABC reserve | 37,399 | 100,418 | 89,121 | 35,239 | 85,326 | 86,175 |
| Alaska Groundfish Cooperative for 2015 | 3,836 | 24,840 | 35,408 | n/a | n/a | n/a |
| Alaska Seafood Cooperative for 2015 | 33,563 | 75,578 | 53,713 | n/a | n/a | n/a |
**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 delay the flatfish exchange by the Yukon Delta Fisheries Development Association in the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. 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 as well as 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 23, 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.
This action is required by § 679.20 and is exempt from review under Executive Order 12866.
**Authority:**
16 U.S.C. 1801 *et seq.*
Dated: June 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.