[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Rules and Regulations]
[Pages 12750-12752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04435]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF262


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 and the Community Development Quota 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 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.), March 7, 2017, 
until 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's is 
14,700 metric tons (mt) and the Community Development Quota (CDQ) 
directed fishing allowance (DFA) is 1,900 mt as established by the 
final 2017 and 2018 harvest specifications for groundfish in the BSAI 
(82 FR 11826, February 27, 2017).
    As of March 1, 2017, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 9,000 mt of Aleut 
Corporation's DFA and 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 9,000 mt of Aleut 
Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian 
Islands subarea to the 2017 Bering Sea subarea allocations. The 1,900 
mt of pollock CDQ DFA is added to the 2017 Bering Sea CDQ DFA. The 
remaining 9,000 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 2017 pollock incidental catch 
allowance remains at 47,210 mt. As a result, the harvest specifications 
for pollock in the

[[Page 12751]]

Aleutian Islands subarea included in the final 2017 and 2018 harvest 
specifications for groundfish in the BSAI (82 FR 11826, February 27, 
2017) are revised as follows: 5,700 mt to Aleut Corporation's DFA and 0 
mt to CDQ DFA pollock. Furthermore, pursuant to Sec.  679.20(a)(5), 
Table 4 of the final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 27, 2017) is revised to 
make 2017 pollock allocations consistent with this reallocation. This 
reallocation results in adjustments to the 2017 Aleut Corporation and 
CDQ pollock allocations established at Sec.  679.20(a)(5).

    Table 4--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
                                                       2017      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \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
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 Acting 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 Aleutians Islands pollock. 
Since the pollock fishery is currently open, it is important to 
immediately inform the industry as to the final Bering Sea subarea and 
Aleutian Islands 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 1, 2017.
    The AA also finds good cause to waive the 30-day delay in the 
effective

[[Page 12752]]

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 2, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-04435 Filed 3-6-17; 8:45 am]
 BILLING CODE 3510-22-P