[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Rules and Regulations]
[Pages 8418-8420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03465]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE450


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 
Community Development Quota pollock directed fishing allowance from the 
Aleutian Islands subarea to the Bering Sea subarea. This action is 
necessary to provide opportunity for harvest of the 2016 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.

[[Page 8419]]


DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 19, 
2016, until the effective date of the final 2016 and 2017 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unless otherwise modified or superseded through publication of a 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, 907-586-7228.

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 2016 pollock 
total allowable catch (TAC) allocated to the Community Development 
Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt) 
as established by the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015), and as adjusted by 
an inseason adjustment (81 FR 184, January 5, 2016).
    As of February 11, 2016, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 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 
1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 
2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is 
added to the 2016 Bering Sea CDQ DFA. As a result, the 2016 harvest 
specifications for pollock in the Aleutian Islands subarea included in 
the final 2015 and 2016 harvest specifications for groundfish in the 
BSAI (80 FR 11919, March 5, 2015) are revised as follows: 0 mt to CDQ 
DFA. Furthermore, pursuant to Sec.  679.20(a)(5), Table 5 of the final 
2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 
11919, March 5, 2015), as adjusted by the inseason adjustment (81 FR 
184, January 5, 2016), is revised to make 2016 pollock allocations 
consistent with this reallocation. This reallocation results in 
adjustments to the 2016 CDQ pollock allocations established at Sec.  
679.20(a)(5).

    Table 5--Final 2016 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2016 A season \1\         2016 B season
                                                       2016      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,340,000             n/a             n/a             n/a
CDQ DFA.........................................         135,900          54,360          38,052          81,540
ICA \1\.........................................          48,240             n/a             n/a             n/a
AFA Inshore.....................................         578,880         231,552         162,086         347,328
AFA Catcher/Processors \3\......................         463,104         185,242         129,669         277,862
    Catch by C/Ps...............................         423,740         169,496             n/a         254,244
    Catch by CVs \3\............................          39,364          15,746             n/a          23,618
    Unlisted C/P Limit \4\......................           2,316             926             n/a           1,389
AFA Motherships.................................         115,776          46,310          32,417          69,466
Excessive Harvesting Limit \5\..................         202,608             n/a             n/a             n/a
Excessive Processing Limit \6\..................         347,328             n/a             n/a             n/a
Total Bering Sea DFA............................       1,157,760         463,104         324,173         694,656
Aleutian Islands subarea ABC....................          32,227             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................          17,100             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          11,691             n/a           3,009
Area harvest limit \7\
    541.........................................           9,668             n/a             n/a             n/a
    542.........................................           4,834             n/a             n/a             n/a
    543.........................................           1,611             n/a             n/a             n/a
Bogoslof District ICA \8\.......................             500             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 (4.0 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 (2,400 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\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
  of the Aleutian Islands pollock ABC.
\8\ 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.


[[Page 8420]]

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 February 11, 2016.
    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: February 16, 2016
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-03465 Filed 2-18-16; 8:45 am]
 BILLING CODE 3510-22-P