[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Pages 12829-12831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05537]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE495


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 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.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 11, 2016 
through 2400 hrs Alaska Local time, December 31, 2016.

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 Aleut Corporation directed 
fishing allowance (DFA) is 14,700 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 March 4, 2016, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 5,000 mt of the Aleut 
Corporation pollock DFA in the

[[Page 12830]]

Aleutian Islands subarea will not be harvested. Therefore, in 
accordance with Sec.  679.20(a)(5)(iii)(B)(4), NMFS reallocates 1,991 
mt of A season pollock DFA and 3,009 mt of B season pollock DFA from 
the Aleutian Islands subarea to the 2016 Bering Sea subarea DFAs. The 
5,000 mt of the Aleut Corporation pollock DFA is added to the 2016 
Bering Sea non-CDQ DFAs. 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), and as adjusted by an inseason adjustment (81 FR 
184, January 5, 2016) are revised as follows: 9,700 mt to the annual 
Aleut Corporation pollock DFA and 9,700 mt to the A season Aleut 
Corporation pollock DFA. Furthermore, pursuant to Sec.  679.20(a)(5), 
Table 5 of the final 2015 and 2016 harvest specifications for 
groundfish in the Bering Sea and Aleutian Islands (80 FR 11919, March 
5, 2015, and 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 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\......................       1,346,900             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.....................................         581,380         232,552         162,786         348,828
AFA Catcher/Processors \3\......................         465,104         186,042         130,229         279,062
    Catch by C/Ps...............................         425,570         170,228             n/a         255,342
    Catch by CVs \3\............................          39,534          15,814             n/a          23,720
    Unlisted C/P Limit \4\......................           2,326             930             n/a           1,395
AFA Motherships.................................         116,276          46,510          32,557          69,766
Excessive Harvesting Limit \5\..................         203,816             n/a             n/a             n/a
Excessive Processing Limit \6\..................         349,398             n/a             n/a             n/a
Total Bering Sea DFA............................       1,162,760         465,104         325,573         697,656
Aleutian Islands subarea ABC....................          32,227             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................          12,100             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................           9,700           9,700             n/a               0
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
----------------------------------------------------------------------------------------------------------------
\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.

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 Aleutian Island subarea pollock. Since 
the pollock fishery is currently underway, it is important to 
immediately inform the industry as to the final Bering Sea and Aleutian 
Islands 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

[[Page 12831]]

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 March 
4, 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: March 8, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05537 Filed 3-10-16; 8:45 am]
BILLING CODE 3510-22-P