[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Rules and Regulations]
[Pages 10964-10965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03177]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF229


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 2017 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.), February 17, 
2017, through 2400 hrs, A.l.t., December 31, 2017.

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 2017 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 2016 and 2017 harvest specifications for groundfish in the 
BSAI (81 FR 14773, March 18, 2016), and as adjusted by an inseason 
adjustment (82 FR 2916, January 10, 2017).
    As of February 10, 2017, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 9,000 mt of the Aleut 
Corporation pollock DFA in the Aleutian Islands subarea will not be 
harvested. Therefore, in accordance with Sec.  679.20(a)(5)(iii)(B)(4), 
NMFS reallocates 6,764 mt of A season pollock DFA and 2,236 mt of B 
season pollock DFA from the Aleutian Islands subarea to the 2017 Bering 
Sea subarea DFAs. The 9,000 mt of the Aleut Corporation pollock DFA is 
added to the 2017 Bering Sea non-CDQ DFAs. As a result, the 2017 
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), and as adjusted 
by an inseason adjustment (82 FR 2916, January 10, 2017) are revised as 
follows: 5,700 mt to the annual Aleut Corporation pollock DFA and 5,700 
mt to the A season Aleut Corporation pollock DFA. Furthermore, pursuant 
to Sec.  679.20(a)(5), Table 5 of the final 2016 and 2017 harvest 
specifications for groundfish in the Bering Sea and Aleutian Islands 
(81 FR 14773, March 18, 2016, and 82 FR 2916, January 10, 2017), is 
revised to make 2017 pollock allocations consistent with this 
reallocation. This reallocation results in adjustments to the 2017 
pollock allocations established at Sec.  679.20(a)(5).

    Table 5--Final 2017 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                 2017 A season \1\             2017 B season \1\
                                                     -----------------------------------------------------------
         Area and sector           2017 allocations                        SCA harvest limit
                                                         A season DFA             \2\            B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......           1,355,900                 n/a                 n/a                 n/a
CDQ DFA.........................             136,400              61,380              38,192              75,020
ICA \1\.........................              47,210                 n/a                 n/a                 n/a
Total Bering Sea non-CDQ DFA....           1,172,291             527,531             328,241             644,760
AFA Inshore.....................             586,145             263,765             164,121             322,380
AFA Catcher/Processors \3\......             468,916             211,012             131,297             257,904
    Catch by C/Ps...............             429,058             193,076                 n/a             235,982
    Catch by CVs \3\............              39,858              17,936                 n/a              21,922
    Unlisted C/P Limit \4\......               2,345               1,055                 n/a               1,290
AFA Motherships.................             117,229              52,753              32,824              64,476
Excessive Harvesting Limit \5\..             205,151                 n/a                 n/a                 n/a
Excessive Processing Limit \6\..             351,687                 n/a                 n/a                 n/a
Aleutian Islands subarea ABC....              36,061                 n/a                 n/a                 n/a
Aleutian Islands subarea TAC \1\               8,100                 n/a                 n/a                 n/a
CDQ DFA.........................                   0                   0                 n/a                   0
ICA.............................               2,400               1,200                 n/a               1,200
Aleut Corporation...............               5,700               5,700                 n/a                   0
Area harvest limit:\7\
    541.........................              10,818                 n/a                 n/a                 n/a
    542.........................               5,409                 n/a                 n/a                 n/a
    543.........................               1,803                 n/a                 n/a                 n/a

[[Page 10965]]

 
Bogoslof District ICA \8\.......                 500                 n/a                 n/a                 n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10
  percent) and the ICA (3.9 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 Bering Sea subarea, 45 percent
  of the DFA is allocated to the A season (January 20-June 10) and 55 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)--(iii), the annual Aleutian Islands
  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 Aleutian Islands
  subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated
  the remainder of the pollock directed fishery.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), 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 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of 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 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 February 10, 2017.
    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 13, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-03177 Filed 2-14-17; 11:15 am]
BILLING CODE 3510-22-P