[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42802-42804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18348]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG444


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pollock in the Bering Sea Subarea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating projected unused amounts of Bering Sea 
subarea pollock from the incidental catch allowance to the directed 
fisheries. This action is necessary to allow the 2018 total allowable 
catch (TAC) of pollock to be harvested.

DATES: Effective August 21, 2018, until 2400 hrs, A.l.t., December 31, 
2018.

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 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.
    The 2018 pollock incidental catch allowance in the Bering Sea 
subarea was established as 47,888 metric tons (mt) by the 2018 and 2019 
final harvest specifications for groundfish in the BSAI (83 FR 8365, 
February 27, 2018), and as adjusted by reallocations (83 FR 9235, March 
5, 2018), in accordance with Sec.  679.20(a)(5)(i)(A)(1) and the 
American Fisheries Act (AFA) (Pub. L. 105-277, Division C, Title II).
    As of August 16, 2018, the Administrator, Alaska Region, NMFS, has 
determined that approximately 19,700 (mt) of pollock remain in the 
incidental catch allowance. Based on projected harvest rates of other 
groundfish species and the expected incidental catch of pollock in 
those fisheries, the Regional Administrator has determined that 2,500 
mt of pollock specified in the incidental catch allowance will not be 
necessary as incidental catch. Therefore, NMFS is

[[Page 42803]]

apportioning the projected unused amount, 2,500 mt, of pollock from the 
incidental catch allowance to the directed fishing allowances 
established pursuant to Sec.  679.20(a)(5)(i)(A). Pursuant to the 
pollock allocation requirements set forth in Sec.  679.20(a)(5)(i), 
this transfer will increase the allocation to catcher vessels 
harvesting pollock for processing by the inshore component by 1,250 mt, 
to catcher/processors and catcher vessels harvesting pollock for 
processing by catcher/processors in the offshore component by 1,000 mt, 
and to catcher vessels harvesting pollock for processing by motherships 
in the offshore component by 250 mt. Pursuant to Sec.  
679.20(a)(5)(i)(A)(4)(ii), 8.5 percent of the 915 mt allocated to 
catcher/processors in the offshore component, 85 mt, will be available 
for harvest only by eligible catcher vessels delivering to listed 
catcher/processors. Pursuant to Sec.  679.20(a)(5)(i)(A)(4)(iii), an 
additional 5 mt or 0.5 percent of the catcher/processor sector 
allocation of pollock will be available to unlisted AFA catcher/
processors.
    Pursuant to Sec.  679.20(a)(5)(i)(A), Table 5 of the 2018 and 2019 
final harvest specifications for groundfish in the BSAI are revised as 
follows:

    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
                                                           ------------------------------------        \1\
             Area and sector              2018 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\.................................            45,388               n/a               n/a               n/a
Total Bering Sea non-CDQ DFA............         1,194,719           537,624           334,521           657,095
AFA Inshore.............................           597,359           268,812           167,261           328,548
AFA Catcher/Processors \3\..............           477,888           215,049           133,809           262,838
    Catch by C/Ps.......................           437,267           196,770               n/a           240,497
    Catch by CVs \3\....................            40,620            18,279               n/a            22,341
    Unlisted C/P Limit \4\..............             2,389             1,075               n/a             1,314
AFA Motherships.........................           119,472            53,762            33,452            65,710
Excessive Harvesting Limit \5\..........           209,076               n/a               n/a               n/a
Excessive Processing Limit \6\..........           358,416               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
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
----------------------------------------------------------------------------------------------------------------
\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 (45,388 mt), 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 a 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 projected unused amounts of Bering Sea 
subarea

[[Page 42804]]

pollock from the incidental catch allowance to the directed fisheries. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
August 16, 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 taken under 50 CFR 679.20, and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 21, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18348 Filed 8-21-18; 4:15 pm]
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