[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49200-49201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19611]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3148-02]
RIN 0648-XC803


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 pollock directed fishing allowance from the Aleutian 
Islands subarea to the Bering Sea subarea directed fisheries. This 
action is necessary to provide opportunity for harvest of the 2013 
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.), August 13, 2013, 
until 2400 hrs, December 31, 2013, Alaska local time.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 2013 pollock 
total allowable catch (TAC) allocated to the Aleut Corporation's 
directed fishing allowance (DFA) is 5,000 metric tons (mt) as 
established by the final 2013 and 2014 harvest specifications for 
groundfish in the BSAI (78 FR 13813, March 1, 2013) and reallocation 
(78 FR 14932, March 8, 2013).
    As of August 6, 2013, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 2,500 mt of Aleut 
Corporation's DFA in the Aleutian Islands subarea will not be 
harvested. Therefore, in accordance with Sec.  679.20(a)(5)(iii)(B)(4), 
NMFS reallocates 2,500 mt of Aleut Corporation's DFA from the Aleutian 
Islands subarea to the 2013 Bering Sea subarea allocations. The 2,500 
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 2013 Bering Sea pollock incidental catch 
allowance remains at 33,699 mt. As a result, the 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, 78 FR 14932, March 8, 2013) are revised as 
follows: 2,500 mt to Aleut Corporation's 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, 
78 FR 14932, March 8, 2013) is revised to make 2013 pollock allocations 
consistent with this reallocation. This reallocation results in 
adjustments to the 2013 Aleut Corporation and AFA pollock allocations 
established at Sec.  679.20(a)(5).

     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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea..............................    1,261,900          n/a          n/a          n/a    1,247,000          n/a          n/a          n/a
CDQ DFA.........................................      126,600       50,640       35,448       75,960      124,700       49,880       34,916       74,820
ICA \1\.........................................       33,699          n/a          n/a          n/a       33,669          n/a          n/a          n/a
AFA Inshore.....................................      550,801      220,320      154,224      330,480      544,316      217,726      152,408      326,589
AFA Catcher/Processors \3\......................      440,640      176,256      123,379      264,384      435,452      174,181      121,927      261,271
Catch by C/Ps...................................      403,186      161,274          n/a      241,912      398,439      159,376          n/a      239,063
Catch by CVs \3\................................       37,454       14,982          n/a       22,473       37,013       14,805          n/a       22,208
Unlisted C/P Limit \4\..........................        2,203          881          n/a        1,322        2,177          871          n/a        1,306
AFA Motherships.................................      110,160       44,064       30,845       66,096      108,863       43,545       30,482       65,318
Excessive Harvesting Limit \5\..................      192,780          n/a          n/a          n/a      190,510          n/a          n/a          n/a
Excessive Processing Limit \6\..................      330,480          n/a          n/a          n/a      326,589          n/a          n/a          n/a
Total Bering Sea DFA............................    1,101,601      440,640      308,448      660,961    1,088,631      435,452      304,817      653,179
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Aleutian Islands subarea \1\....................        4,100          n/a          n/a          n/a       19,000          n/a          n/a          n/a
CDQ DFA.........................................            0            0          n/a            0        1,900          760          n/a        1,140
ICA.............................................        1,600          800          n/a          800        1,600          800          n/a          800
Aleut Corporation...............................        2,500        2,500          n/a            0       15,500       14,360          n/a        1,140
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[[Page 49201]]

 
Bogoslof District ICA \7\.......................          100          n/a          n/a          n/a          100          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 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 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 (1,600 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 Acting 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 Aleutian Islands subarea 
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 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 
August 6, 2013.
    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: August 8, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-19611 Filed 8-12-13; 8:45 am]
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