[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5052-5053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02235]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF979


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 and the Community Development Quota pollock directed 
fishing allowances from the Aleutian Islands subarea to the Bering Sea 
subarea directed fisheries. These actions are necessary to provide 
opportunity for harvest of the 2018 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 5, 
2018, until the effective date of the final 2018 and 2019 harvest 
specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, 
unless otherwise modified or superseded through publication of a 
notification in the Federal Register.

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 2018 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) DFA is 1,900 mt as established by the 
final 2017 and 2018 harvest specifications for groundfish in the BSAI 
(82 FR 11826, February 26, 2017), and as adjusted by an inseason 
adjustment (82 FR 60329, December 20, 2017).
    As of January 17, 2018, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 12,200 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 12,200 mt of Aleut 
Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian 
Islands subarea to the 2018 Bering Sea subarea allocations. The 1,900 
mt of pollock CDQ DFA is added to the 2018 Bering Sea CDQ DFA. The 
remaining 12,200 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 2018 Bering Sea subarea pollock 
incidental catch allowance remains at 47,888 mt. As a result, the 2018 
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 26, 2017) are revised as 
follows: 2,500 mt to Aleut Corporation's DFA and 0 mt to CDQ DFA. 
Furthermore, pursuant to Sec.  679.20(a)(5), Table 5 of the final 2017 
and 2018 harvest specifications for groundfish in the BSAI (82 FR 
11826, February 26, 2017), as adjusted by the inseason adjustment (82 
FR 60329, December 20, 2017), is revised to make 2018 pollock 
allocations consistent with this reallocation. This reallocation 
results in adjustments to the 2018 Aleut Corporation and CDQ pollock 
allocations established at Sec.  679.20(a)(5).

    Table 5--Final 2018 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2018 A season \1\         2018 B season
                                                       2018      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,378,441             n/a             n/a             n/a
CDQ DFA.........................................         138,334          62,250          38,734          76,084
ICA \1\.........................................          47,888             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,192,219         536,499         333,821         655,720
AFA Inshore.....................................         596,109         268,249         166,911         327,860
AFA Catcher/Processors \3\......................         476,888         214,599         133,529         262,288
    Catch by C/Ps...............................         436,352         196,358             n/a         239,994
    Catch by CVs \3\............................          40,535          18,241             n/a          22,294
    Unlisted C/P Limit \4\......................           2,384           1,073             n/a           1,311
AFA Motherships.................................         119,222          53,650          33,382          65,572
Excessive Harvesting Limit \5\..................         208,638             n/a             n/a             n/a
Excessive Processing Limit \6\..................         357,666             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          40,788             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           4,900             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0

[[Page 5053]]

 
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................           2,500           2,500             n/a               0
Area harvest limit \7\..........................             n/a             n/a             n/a             n/a
    541.........................................          12,236             n/a             n/a             n/a
    542.........................................           6,118             n/a             n/a             n/a
    543.........................................           2,039             n/a             n/a             n/a
Bogoslof District ICA \8\.......................             450             n/a             n/a             n/a
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\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) through (iii), the annual Aleutian
  Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
  for 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 up 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 noon, 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\ Pursuant to Sec.   679.22(a)(7)(i)(B), the Bogoslof District is closed 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 
opened January 20, 2018, 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 January 26, 2018.
    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: January 31, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-02235 Filed 2-2-18; 8:45 am]
 BILLING CODE 3510-22-P