Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
Federal Register, Volume 82 Issue 26 (Thursday, February 9, 2017)
Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)
Rules and Regulations
Pages 9975-9977
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2017-02611
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 150916863-6211-02
RIN 0648-XF209
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of the Community Development Quota pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2017 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 9, 2017 until the effective date of the final 2017 and 2018 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.
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 (Council)
Page 9976
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.
In the Aleutian Islands subarea, the portion of the 2017 pollock total allowable catch (TAC) allocated to the Community Development Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 16, 2016), and as adjusted by an inseason adjustment (82 FR 2916, January 10, 2017).
As of February 1, 2017, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 1,900 mt of pollock CDQ DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2017 Bering Sea CDQ DFA. As a result, the 2017 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 16, 2016) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 5 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (81 FR 14773, March 16, 2016), as adjusted by the inseason adjustment (82 FR 2916, January 10, 2017), is revised to make 2017 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2017 CDQ pollock allocations established at Sec. 679.20(a)(5).
Table 5--Final 2017 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
Amounts are in metric tons
----------------------------------------------------------------------------------------------------------------
2017 A season \1\ 2017 B season
2017 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,346,900 n/a n/a n/a
CDQ DFA......................................... 136,400 61,380 38,192 75,020
ICA \1\......................................... 47,210 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,163,291 523,481 325,721 639,810
AFA Inshore..................................... 581,645 261,740 162,861 319,905
AFA Catcher/Processors \3\...................... 465,316 209,392 130,289 255,924
Catch by C/Ps................................... 425,764 191,594 n/a 234,170
Catch by CVs \3\................................ 39,552 17,798 n/a 21,754
Unlisted C/P Limit \4\.......................... 2,327 1,047 n/a 1,280
AFA Motherships................................. 116,329 52,348 32,572 63,981
Excessive Harvesting Limit \5\.................. 203,576 n/a n/a n/a
Excessive Processing Limit \6\.................. 348,987 n/a n/a n/a
Aleutian Islands subarea ABC.................... 36,061 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 17,100 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 13,224 n/a 1,476
Area harvest limit \7\ 541...................... 10,818 n/a n/a n/a
-
5,409 n/a n/a n/a
-
1,803 n/a n/a n/a
Bogoslof District ICA \8\....................... 500 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10
percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i)-(iii), the annual Aleutian Islands
pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA
(2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands
subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated
the remainder of the pollock directed fishery.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/
processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The
amounts specified are for ICA only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Page 9977
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 reallocation of AI pollock. Since the pollock fishery is currently open, it is important to immediately inform the industry as to the final Bering Sea subarea pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors; and provide opportunity to harvest increased seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 1, 2017.
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: February 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 2017-02611 Filed 2-8-17; 8:45 am
BILLING CODE 3510-22-P
