[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 16097-16098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06832]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE518


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 and the Community 
Development Quota from the Aleutian Islands subarea to the Bering Sea 
subarea directed fisheries. These actions are 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 25, 2016, 
until 2400 hrs, A.l.t., 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's 
directed fishing allowance (DFA) is 14,700 metric tons (mt) and the 
Community Development Quota (CDQ) is 1,900 mt as established by the 
final 2016 and 2017 harvest specifications for groundfish in the BSAI 
(81 FR 14773, March 18, 2016).
    As of March 18, 2016, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 5,000 mt of Aleut 
Corporation's DFA and 1,900 mt of pollock CDQ in the Aleutian Islands 
subarea will not be harvested. Therefore, in accordance with Sec.  
679.20(a)(5)(iii)(B)(4), NMFS reallocates 5,000 mt of Aleut 
Corporation's DFA and 1,900 mt of pollock CDQ from the Aleutian Islands 
subarea to the 2016 Bering Sea subarea allocations. The 1,900 mt of 
pollock CDQ is added to the 2016 Bering Sea CDQ DFA. The remaining 
5,000 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 2016 pollock incidental catch 
allowance remains at 48,240 mt. As a result, the harvest specifications 
for pollock in the Aleutian Islands subarea included in the final 2016 
and 2017 harvest specifications for groundfish in the BSAI (81 FR 
14773, March 18, 2016) are revised as follows: 9,700 mt to Aleut 
Corporation's DFA and 0 mt to CDQ pollock. Furthermore, pursuant to 
Sec.  679.20(a)(5), Table 4 of the final 2016 and 2017 harvest 
specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) 
is revised to make 2016 pollock allocations consistent with this 
reallocation. This reallocation results in adjustments to the 2016 
Aleut Corporation and CDQ pollock allocations established at Sec.  
679.20(a)(5).

    Table 4--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 \1\
                                                        --------------------------------------------------------
           Area and sector             2016 Allocations                     SCA harvest limit
                                                            A season DFA           \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

[[Page 16098]]

 
    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
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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.

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 March 15, 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 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-06832 Filed 3-24-16; 8:45 am]
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