[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31925-31927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14484]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF509


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; reallocation; closure.

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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. Also, NMFS is prohibiting 
directed fishing for pollock in the Aleutian Islands subarea of the 
Bering Sea and Aleutian Islands management area (BSAI). 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 (FMP) of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 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 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 5,700 metric tons (mt) as established by the 
final 2017 and 2018 harvest specifications for groundfish in the BSAI 
(82 FR 11826,

[[Page 31926]]

February 27, 2017), and as adjusted by reallocations (82 FR 12750, 
March 7, 2017).
    As of June 16, 2017, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 5,700 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 5,700 mt of A season pollock DFA from the Aleutian 
Islands subarea to the 2017 Bering Sea subarea DFAs. The 5,700 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 2017 and 2018 
harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017), and as adjusted by reallocations (82 FR 12750, 
March 7, 2017) are revised as follows: 0 mt to the annual Aleut 
Corporation pollock DFA. Consequently, in accordance with Sec.  
679.20(d)(1)(iii), NMFS is prohibiting directed fishing for Aleut 
Corporation pollock in the Aleutian Islands subarea of the BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.
    Furthermore, pursuant to Sec.  679.20(a)(5), Table 5 of the final 
2017 and 2018 harvest specifications for groundfish in the Bering Sea 
and Aleutian Islands (82 FR 11826, February 27, 2017, and 82 FR 12750, 
March 7, 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
                                                       2017      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season  DFA     limit \2\     B season  DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,361,600             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....................       1,177,991         530,096         329,837         647,895
AFA Inshore.....................................         588,995         265,048         164,919         323,947
AFA Catcher/Processors \3\......................         471,196         212,038         131,935         259,158
    Catch by C/Ps...............................         431,145         194,015             n/a         237,129
    Catch by CVs \3\............................          40,052          18,023             n/a          22,028
    Unlisted C/P Limit \4\......................           2,356           1,060             n/a           1,296
AFA Motherships.................................         117,799          53,010          32,984          64,789
Excessive Harvesting Limit \5\..................         206,148             n/a             n/a             n/a
Excessive Processing Limit \6\..................         353,397             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          36,061             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           2,400             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................               0               0             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.


[[Page 31927]]

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 and directed fishing closure 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 June 16, 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: July 6, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-14484 Filed 7-10-17; 8:45 am]
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