Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)
Federal Register Volume 83, Number 24 (Monday, February 5, 2018)
Rules and Regulations
Pages 5052-5053
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-02235
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 161020985-7181-02
RIN 0648-XF979
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.
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SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut Corporation's and the Community Development Quota pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2018 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 5, 2018, until the effective date of the final 2018 and 2019 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.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) 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 2018 pollock total allowable catch (TAC) allocated to the Aleut Corporation's directed fishing allowance (DFA) is 14,700 metric tons (mt) and the Community Development Quota (CDQ) DFA is 1,900 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 26, 2017), and as adjusted by an inseason adjustment (82 FR 60329, December 20, 2017).
As of January 17, 2018, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 12,200 mt of Aleut Corporation's DFA and 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 12,200 mt of Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2018 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2018 Bering Sea CDQ DFA. The remaining 12,200 mt of pollock is apportioned to the AFA Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2018 Bering Sea subarea pollock incidental catch allowance remains at 47,888 mt. As a result, the 2018 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 26, 2017) are revised as follows: 2,500 mt to Aleut Corporation's DFA and 0 mt to CDQ DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 5 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 26, 2017), as adjusted by the inseason adjustment (82 FR 60329, December 20, 2017), is revised to make 2018 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2018 Aleut Corporation and CDQ pollock allocations established at Sec. 679.20(a)(5).
Table 5--Final 2018 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
Amounts are in metric tons
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2018 A season \1\ 2018 B season
2018 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
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Bering Sea subarea TAC \1\...................... 1,378,441 n/a n/a n/a
CDQ DFA......................................... 138,334 62,250 38,734 76,084
ICA \1\......................................... 47,888 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,192,219 536,499 333,821 655,720
AFA Inshore..................................... 596,109 268,249 166,911 327,860
AFA Catcher/Processors \3\...................... 476,888 214,599 133,529 262,288
Catch by C/Ps............................... 436,352 196,358 n/a 239,994
Catch by CVs \3\............................ 40,535 18,241 n/a 22,294
Unlisted C/P Limit \4\...................... 2,384 1,073 n/a 1,311
AFA Motherships................................. 119,222 53,650 33,382 65,572
Excessive Harvesting Limit \5\.................. 208,638 n/a n/a n/a
Excessive Processing Limit \6\.................. 357,666 n/a n/a n/a
Aleutian Islands subarea ABC.................... 40,788 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 4,900 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0
Page 5053
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 2,500 2,500 n/a 0
Area harvest limit \7\.......................... n/a n/a n/a n/a
-
12,236 n/a n/a n/a
-
6,118 n/a n/a n/a
-
2,039 n/a n/a n/a
Bogoslof District ICA \8\....................... 450 n/a n/a n/a
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\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) through (iii), the annual Aleutian
Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for 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 up 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 noon, 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\ Pursuant to Sec. 679.22(a)(7)(i)(B), the Bogoslof District is closed 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.
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 opened January 20, 2018, 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 January 26, 2018.
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: January 31, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 2018-02235 Filed 2-2-18; 8:45 am
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