[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Rules and Regulations]
[Pages 57634-57636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25264]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 092603C]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pollock in the Bering Sea Subarea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Reallocation.

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SUMMARY: NMFS is reallocating projected unused amounts of Bering Sea 
subarea (BS) pollock from the incidental catch account to the directed 
fisheries. This action is necessary to allow the 2003 total allowable 
catch (TAC) of pollock to be harvested.

DATES: Effective October 1, 2003, until 2400 hrs, A.l.t., December 31, 
2003.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands 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.
    In accordance with Sec.  679.20(a)(5)(i)(A)(1) and the American 
Fisheries Act (AFA) (Public Law 105-277, Division C, Title II), NMFS 
specified a pollock incidental catch allowance equal to 3.5 percent of 
the pollock total allowable catch after subtraction of the ten percent 
Community Development Quota reserve in the final 2003 harvest 
specifications for groundfish in the BSAI (68 FR 9907, March 3, 2003).
    On August 29, 2003 NMFS apportioned the projected unused amount, 
6,500 mt, of pollock from the incidental catch account to the directed 
fishing allowances established pursuant to Sec.  679.20(a)(5)(i)(A)(68 
FR 51,928, August 29, 2003).
    As of September 13, 2003, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that approximately 8,616 
metric tons (mt) of pollock remain in the incidental catch account. 
Based on projected harvest rates of other groundfish species and the 
expected incidental catch of pollock in those fisheries, the Regional 
Administrator has determined that 4,000 mt of pollock specified in the 
incidental catch account will not be necessary as incidental catch. 
Therefore, NMFS is apportioning the projected unused amount, 4,000 mt, 
of pollock from the incidental catch account to the directed fishing 
allowances established pursuant to Sec.  679.20(a)(5)(i)(A).
    Pursuant to the pollock allocation requirements set forth in 
679.20(a)(5)(i), this transfer will increase the allocation to catcher 
vessels harvesting pollock for processing by the inshore component by 
2,000 mt, to catcher/processors and catcher vessels harvesting pollock 
for processing by catcher processors in the offshore component by 1,600 
mt and to catcher vessels harvesting pollock for processing by 
motherships in the offshore component by 400 mt. Pursuant to Sec.  
679.20(a)(5)(i)(A)(4), no less than 8.5 percent of the 1,600 mt 
allocated to catcher processors in the offshore component, 136 mt, will 
be available for harvest only by eligible catcher vessels delivering to 
listed catcher processors. Pursuant to Sec.  
679.20(a)(5)(i)(A)(4)(iii), an additional 8 mt or 0.5 percent of the 
catcher/processor sector allocation of pollock will be available to 
unlisted AFA catcher/processors.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(3), Table 1 revises the final 
2003 BS subarea allocations for the seven inshore catcher vessel 
pollock cooperatives that have been approved and permitted by NMFS and 
the open access AFA vessels for the 2003 fishing year consistent with 
this reallocation.

[[Page 57635]]



                        TABLE 1.--2003 BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS
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                                                                          Sum of member   Percentage   Annual co-
                                                                            vessel's      of inshore      op
                  Cooperative name and member vessels                    official catch     sector    allocation
                                                                        histories\1\(mt)  allocation     (mt)
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Akutan Catcher Vessel Association                                            245,527        28.085%     183,407
ALDEBARAN, ARCTIC EXPLORER,
ARCTURUS, BLUE FOX, CAPE
KIWANDA, COLUMBIA, DOMINATOR,
EXODUS, FLYING CLOUD,
GOLDEN DAWN, GOLDEN PISCES,
HAZEL LORRAINE, INTREPID
EXPLORER, LESLIE LEE, LISA MELINDA,
MAJESTY, MARCY J, MARGARET LYN,
NORDIC EXPLORER, NORTHERN
PATRIOT, NORTHWEST EXPLORER,
PACIFIC RAM, PACIFIC VIKING,
PEGASUS, PEGGY JO,
PERSEVERANCE, PREDATOR, RAVEN,
ROYAL AMERICAN, SEEKER,
SOVEREIGNTY, TRAVELER,
VIKING EXPLORER
Arctic Enterprise Association                                                 36,807         4.210%      27,494
BRISTOL EXPLORER,
 OCEAN EXPLORER, PACIFIC EXPLORER
Northern Victor Fleet Cooperative                                             73,656         8.425%      55,020
ANITA J, COLLIER BROTHERS,
COMMODORE, EXCALIBUR II,
 GOLDRUSH, HALF MOON BAY,
MISS BERDIE, NORDIC FURY, PACIFIC FURY,
POSEIDON, ROYAL ATLANTIC,
SUNSET BAY, STORM PETREL
Peter Pan Fleet Cooperative                                                   18,693         2.138%      13,964
AMBER DAWN, AMERICAN BEAUTY,
ELIZABETH F, MORNING STAR,
OCEAN LEADER, OCEANIC, PROVIDIAN,
TOPAZ, WALTER N
Unalaska Cooperative                                                         106,737        12.209%      79,732
ALASKA ROSE, BERING ROSE,
DESTINATION, GREAT PACIFIC,
MESSIAH, MORNING STAR, MS AMY,
PROGRESS, SEA WOLF, VANGUARD,
WESTERN DAWN
UniSea Fleet Cooperative                                                     201,566        23.056%     150,568
ALSEA, AMERICAN EAGLE, ARGOSY,
AURIGA, AURORA, DEFENDER,
GUN-MAR, NORDIC STAR, PACIFIC
MONARCH, SEADAWN, STARFISH,
STARLITE
Westward Fleet Cooperative                                                   189,942        21.727%     141,886
A.J., ALASKAN COMMAND, ALYESKA,
 ARCTIC WIND, CAITLIN ANN,
CHELSEA K, DONA MARTITA,
FIERCE ALLEGIANCE, HICKORY WIND,
 OCEAN HOPE 3, PACIFIC CHALLENGER,
PACIFIC KNIGHT, PACIFIC PRINCE,
STARWARD, VIKING, WESTWARD I
Open access AFA vessels                                                        1,309         0.150%         978
Total inshore allocation                                                     874,238           100%     653,047
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\1\ According to regulations at 679.62 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.

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 contrary to the 
public interest. This requirement is contrary to the public interest as 
it would delay the implementation of these measures in a timely fashion 
in order to allow full

[[Page 57636]]

utilization of the pollock TAC, and therefore reduce the public's 
ability to use and enjoy the fishery resource.
    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 taken under 50 CFR 679.20, and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 29, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-25264 Filed 10-1-03; 2:46 pm]
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