[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2776-2777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01218]



[[Page 2776]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG756


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 
Community Development Quota (CDQ) pollock directed fishing allowances 
(DFA) from the Aleutian Islands subarea to the Bering Sea subarea 
directed fishery. This action is necessary to provide opportunity for 
harvest of the 2019 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 (BSAI).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 8, 
2019, through 2400 hrs, A.l.t., December 31, 2019.

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 2019 pollock 
total allowable catch (TAC) allocated to the CDQ DFA is 1,900 mt as 
established by the final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 8365, February 27, 2018), and as adjusted 
by an inseason adjustment (83 FR 67144, December 28, 2018).
    As of January 30, 2019, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 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 
1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 
2019 Bering Sea subarea. The 1,900 mt of pollock CDQ DFA is added to 
the 2019 Bering Sea CDQ DFA. The 2019 Bering Sea subarea pollock 
incidental catch allowance remains at 46,520 mt. As a result, the 2019 
harvest specifications for pollock in the Aleutian Islands subarea 
included in the final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 11826, February 27, 2018) and as adjusted 
by an inseason adjustment (83 FR 67144, December 28, 2018) are revised 
as follows: 0 mt to CDQ DFA. Furthermore, pursuant to Sec.  
679.20(a)(5), Table 5 of the final 2018 and 2019 harvest specifications 
for groundfish in the BSAI (83 FR 11826, February 27, 2018), as 
adjusted by the inseason adjustment (83 FR 67144, December 28, 2018), 
is revised to make 2019 pollock allocations consistent with this 
reallocation. This reallocation results in an adjustment to the 2019 
CDQ pollock allocation established at Sec.  679.20(a)(5).

    Table 5--Final 2019 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2019 A season \1\         2019 B season
                                                       2019      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,398,900             n/a             n/a             n/a
CDQ DFA.........................................         141,600          63,720          39,648          77,880
ICA \1\.........................................          46,520             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,210,780         544,851         339,018         665,929
AFA Inshore.....................................         605,390         272,425         169,509         332,964
AFA Catcher/Processors \3\......................         484,312         217,940         135,607         266,372
    Catch by C/Ps...............................         443,145         199,415             n/a         243,730
    Catch by CVs \3\............................          41,167          18,525             n/a          22,642
    Unlisted C/P Limit \4\......................           2,422           1,090             n/a           1,332
AFA Motherships.................................         121,078          54,485          33,902          66,593
Excessive Harvesting Limit \5\..................         211,886             n/a             n/a             n/a
Excessive Processing Limit \6\..................         363,234             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          52,887             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................          17,100             n/a             n/a             n/a
CDQ DFA.........................................  ..............  ..............             n/a
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          14,700             n/a
Area harvest limit \7\..........................             n/a             n/a             n/a             n/a
        541.....................................          15,866             n/a             n/a             n/a
        542.....................................           7,933             n/a             n/a             n/a
        543.....................................           2,644             n/a             n/a             n/a
Bogoslof District ICA \8\.......................              75             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 (3.7 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 DFA (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.

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\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), 8.5 percent of the DFA allocated to listed C/Ps shall be available
  for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
  a C/P sector cooperative for the year.
\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 incidental catch 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 Islands pollock. Since the 
pollock fishery opened January 20, 2019, it is important to immediately 
inform the industry as to the final Bering Sea subarea pollock CDQ DFA. 
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 30, 2019.
    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 1, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-01218 Filed 2-7-19; 8:45 am]
BILLING CODE 3510-22-P