[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54669-54671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21766]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD496


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.

-----------------------------------------------------------------------

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. 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.), September 12, 
2014, until 2400 hrs, A.l.t., December 31, 2014.

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 7,350 metric tons (mt) as 
established by the final 2014 and 2015 harvest specifications for 
groundfish in the BSAI (79 FR 12108, March 4, 2014), and through

[[Page 54670]]

reallocation (79 FR 12959, March 7, 2014).
    As of September 4, 2014, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 4,000 mt of Aleut 
Corporation's DFA will not be harvested. Therefore, in accordance with 
Sec.  679.20(a)(5)(iii)(B)(4), NMFS reallocates 4,000 mt of Aleut 
Corporation's DFA from the Aleutian Islands subarea to the 2014 Bering 
Sea subarea allocations. The 4,000 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 pollock incidental catch allowance remains at 38,770 mt. As a 
result, the harvest specifications for pollock in the Aleutian Islands 
subarea included in the final 2014 and 2015 harvest specifications for 
groundfish in the BSAI (79 FR 12108, March 4, 2014)), and revised (79 
FR 12959, March 7, 2014), are further revised as follows: 3,350 mt to 
Aleut Corporation's DFA. Furthermore, pursuant to Sec.  679.20(a)(5), 
Table 3 of the final 2014 and 2015 harvest specifications for 
groundfish in the BSAI (79 FR 12108, March 4, 2014), and revised (79 FR 
12959, March 7, 2014), is further revised to make 2014 pollock 
allocations consistent with this reallocation. This reallocation 
results in an adjustment to the 2014 Aleut Corporation allocation 
established at Sec.  679.20(a)(5).

     Table 3--Final 2014 and 2015 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          2014 A season \1\     2014 B                     2015 A season \1\     2015 B
                                                                       ----------------------   season                  ----------------------   season
                                                             2014                                \1\          2015                                \1\
                    Area and sector                       Allocations    A season     SCA    -----------   Allocations    A season     SCA    ----------
                                                                           DFA      harvest    B season                     DFA      harvest    B season
                                                                                   limit \2\     DFA                                limit \2\     DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea....................................       1,280,650        n/a        n/a        n/a       1,258,000        n/a        n/a        n/a
CDQ DFA...............................................         128,600     51,440     36,008     77,160         125,800     50,320     35,224     75,480
ICA \1\...............................................          38,770        n/a        n/a        n/a          38,495        n/a        n/a        n/a
AFA Inshore...........................................         556,640    222,656    155,859    333,984         546,853    218,741    153,119    328,112
AFA Catcher/Processors \3\............................         445,312    178,125    124,687    267,187         437,482    174,993    122,495    262,489
Catch by C/Ps.........................................         407,460    162,984        n/a    244,476         400,296    160,118        n/a    240,178
Catch by CVs \3\......................................          37,852     15,141        n/a     22,711          37,186     14,874        n/a     22,312
Unlisted C/P Limit \4\................................           2,227        891        n/a      1,336           2,187        875        n/a      1,312
AFA Motherships.......................................         111,328     44,531     31,172     66,797         109,371     43,748     30,624     65,622
Excessive Harvesting Limit \5\........................         194,824        n/a        n/a        n/a         191,398        n/a        n/a        n/a
Excessive Processing Limit \6\........................         333,984        n/a        n/a        n/a         328,112        n/a        n/a        n/a
Total Bering Sea DFA..................................       1,113,280    445,312    311,718    667,968       1,093,705    437,482    306,237    656,223
Aleutian Islands subarea \1\..........................           5,350        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...................................................           2,000      1,000        n/a      1,000           2,000      1,000        n/a      1,000
Aleut Corporation.....................................           3,350      3,350        n/a          0          15,100     14,005        n/a      1,095
Bogoslof District ICA \7\.............................              75        n/a        n/a        n/a              75        n/a        n/a        n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.4 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 (2,000 mt), is allocated to the Aleut Corporation for a pollock directed 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 pollock directed 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.
\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 
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 September 4, 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

[[Page 54671]]

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: September 8, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-21766 Filed 9-11-14; 8:45 am]
BILLING CODE 3510-22-P