Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
Federal Register, Volume 79 Issue 17 (Monday, January 27, 2014)
Federal Register Volume 79, Number 17 (Monday, January 27, 2014)
Rules and Regulations
Pages 4280-4281
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-01457
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 121018563-3148-02
RIN 0648-XD093
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 2014 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.), January 27, 2014, until the effective date of the final 2014 and 2015 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.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, 907-586-7269.
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 (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 2014 pollock total allowable catch (TAC) allocated to the Aleut Corporation's directed fishing allowance (DFA) is 15,100 metric tons (mt) and the Community Development Quota (CDQ) DFA is 1,900 mt as established by the final 2013 and 2014 harvest specifications for groundfish in the BSAI (78 FR 13813, March 1, 2013), and as adjusted by an inseason adjustment (79 FR 758, January 7, 2014).
As of January 15, 2014, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 7,750 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 7,750 mt of Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2014 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2014 Bering Sea CDQ DFA. The remaining 7,750 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 2014 Bering Sea subarea pollock incidental catch allowance remains at 38,770 mt. As a result, the 2014 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2013 and 2014 harvest specifications for groundfish in the BSAI (78 FR 13813, March 1, 2013) are revised as follows: 7,350 mt to Aleut Corporation's DFA and 0 mt to CDQ DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 3 of the final 2013 and 2014 harvest specifications for groundfish in the BSAI (78 FR 13813, March 1, 2013), as adjusted by the inseason adjustment (79 FR 758, January 7, 2014), is revised to make 2014 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2014 Aleut Corporation and CDQ pollock allocations established at Sec. 679.20(a)(5).
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Table 3--Final 2013 and 2014 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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2013 A season \1\ 2013 B 2014 A season \1\ 2014 B
-------------------------- season \1\ -------------------------- season \1\
Area and sector 2013 SCA ------------- 2014 SCA ------------
Allocations A season harvest B season Allocations A season harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
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Bering Sea subarea.............................. 1,261,900 n/a n/a n/a 1,276,650 n/a n/a n/a
CDQ DFA......................................... 126,600 50,640 35,448 75,960 128,600 51,440 36,008 77,160
ICA \1\......................................... 33,699 n/a n/a n/a 38,770 n/a n/a n/a
AFA Inshore..................................... 550,801 220,320 154,224 330,480 554,640 221,856 155,299 332,784
AFA Catcher/Processors \3\...................... 440,640 176,256 123,379 264,384 443,712 177,485 124,239 266,227
Catch by C/Ps................................... 403,186 161,274 n/a 241,912 405,996 162,399 n/a 243,598
Catch by CVs \3\................................ 37,454 14,982 n/a 22,473 37,716 15,086 n/a 22,629
Unlisted C/P Limit \4\.......................... 2,203 881 n/a 1,322 2,219 887 n/a 1,331
AFA Motherships................................. 110,160 44,064 30,845 66,096 110,928 44,371 31,060 66,557
Excessive Harvesting Limit \5\.................. 192,780 n/a n/a n/a 194,124 n/a n/a n/a
Excessive Processing Limit \6\.................. 330,480 n/a n/a n/a 332,784 n/a n/a n/a
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Total Bering Sea DFA............................ 1,101,601 440,640 308,448 660,961 1,109,280 443,712 310,598 665,568
Aleutian Islands subarea \1\.................... 4,100 n/a n/a n/a 9,350 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0 0 0 n/a 0
ICA............................................. 1,600 800 n/a 800 2,000 1,000 n/a 1,000
Aleut Corporation............................... 2,500 3,500 n/a 0 7,350 7,350 n/a 0
Bogoslof District ICA \7\....................... 100 n/a n/a n/a 75 n/a n/a n/a
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\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.0 percent in 2013 and 3.4
percent in 2014), 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 BS subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 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) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ
directed fishing allowance (10 percent) and second the ICA (2,000 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 BS 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 less than 28 percent of the annual
DFA is taken inside the SCA before April 1, the remainder will be 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 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\ 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.
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 opens January 20, 2014, 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 15, 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.
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 22, 2014.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 2014-01457 Filed 1-24-14; 8:45 am
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