Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock,

[Federal Register: October 10, 2006 (Volume 71, Number 195)]

[Rules and Regulations]

[Page 59407-59409]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10oc06-17]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 100306D]

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 Aleut Corporation's pollock directed fishing allowance (DFA) and the Aleutian Islands pollock incidental catch allowance (ICA) from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2006 total allowable catch (TAC) of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP).

DATES: Effective October 6, 2006, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2006.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands Management Area (BSAI) according to the 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.

In the Aleutian Islands subarea, the portion of the 2006 pollock TAC allocated to the Aleut Corporation's DFA is 5,500 metric tons (mt) and the ICA is 1,800 mt as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) and the reallocation on March 3, 2006 (71 FR 11541, March 8, 2006) and on August 16, 2006 (71 FR 48483, August 21, 2006).

As of October 2, 2006, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 4,603 mt of Aleut Corporation's DFA and 700 mt of ICA pollock in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS proportionally reallocates 4,603 mt of Aleut Corporation's DFA and 700 mt of ICA pollock from the Aleutian Islands subarea to the 2006 Bering Sea subarea B season allocations.

As a result, the harvest specifications for pollock in the Aleutian Islands subarea included in the harvest specifications for groundfish in the BSAI (71 FR 48483, August 21, 2006) are revised as follows: 897 mt to Aleut Corporation's DFA and 1,100 mt to ICA pollock. Furthermore, pursuant to Sec. 679.20(a)(5), Tables 3 and 10 of the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 48483, August 21, 2006) are revised for 2006 pollock allocations consistent with this reallocation. This reallocation results in proportional adjustments to the 2006 B season Aleut Corporation and ICA pollock allocations established at Sec. 679.20(a)(5).

[[Page 59408]]

TABLE 3 - 2006 AND 2007 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)\1\ [Amounts are in metric tons]

2006 A season\1\ 2006 B

season\1\ Area and sector

2006

SCA ---------- Allocations A season harvest B season DFA limit\2\ DFA

Bering Sea subarea

1,502,003 n/a n/a n/a CDQ DFA

150,400 60,160 41,793 90,240 ICA

30,967 n/a n/a n/a AFA Inshore

660,318 261,148 181,626 399,170 AFA Catcher/Processors\3\ 528,254 208,918 145,301 319,336 Catch by C/Ps

483,353 191,160 n/a 292,193 Catch by CVs\3\

44,902 17,758 n/a 27,144 Unlisted C/P Limit\4\ 2,641

1,045 n/a 1,597 AFA Motherships

132,064 52,230 36,325 79,834 Excessive Harvesting

231,111 n/a n/a n/a Limit\5\ Excessive Processing

396,191 n/a n/a n/a Limit\6\ Total Bering Sea DFA

1,471,636 582,456 405,045 888,580

Aleutian Islands subarea\1\ 1,997

n/a n/a n/a CDQ DFA

0

n/a n/a 0 ICA

1,100

400 n/a 600 Aleut Corporation

897

359 n/a 538

Bogoslof District ICA\7\ 10

n/a n/a n/a

\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA - 10 percent and the ICA - 3.35 percent, is allocated as a DFA as follows: inshore component - 50 percent, catcher/processor component - 40 percent, and mothership component - 10 percent. In the Bering Sea subarea, the A season, January 20 - June 10, is allocated 40 percent of the DFA and the B season, June 10 - November 1, is allocated 60 percent of the DFA. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance - 10 percent and second the ICA - 1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. \2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after 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 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 pollock DFAs. \7\ 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.

TABLE 10 - 2006 AND 2007 BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS [Amounts are in metric tons]

Sum of member vessel's

Percentage of

2006 Annual

2007 Annual Cooperative name and member vessels official catch inshore sector cooperative

cooperative histories

allocation allocation (mt) allocation (mt) \1\(mt)

Akutan Catcher Vessel Association 31,145

31.145

205,656

203,186

---------------------------------------------------------- Arctic Enterprise Association

1,146

1.146

7,566

7,476

---------------------------------------------------------- Northern Victor Fleet Cooperative 8,412

8.412

55,548

54,879

---------------------------------------------------------- Peter Pan Fleet Cooperative

2,876

2.876

18,992

18,763

---------------------------------------------------------- Unalaska Cooperative

12,191

12.191

80,497

79,533

---------------------------------------------------------- UniSea Fleet Cooperative

25,324

25.324

167,220

165,211

---------------------------------------------------------- Westward Fleet Cooperative

18,906

18.906

124,838

123,340

---------------------------------------------------------- Open access AFA vessels

0

0

0

0

Total inshore allocation

875,572

100

660,318

652,388

\1\According to regulations at Sec. 679.62(e)(1), the individual catch history for each vessel is equal to the vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to catcher/ processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through 1997.

[[Page 59409]]

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 BSAI 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 B season pollock allocations while value is optimum.

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: October 3, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. E6-16674 Filed 10-6-06; 8:45 am]

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