[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Rules and Regulations]
[Pages 59407-59409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16674]


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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.

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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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