[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28237-28238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12865]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XH059


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 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 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 (BSAI) Management Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 13, 2019, 
until 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 Aleut Corporation's 
directed fishing allowance (DFA) is 14,700 metric tons (mt) as 
established by the final 2019 and 2020 harvest specifications for 
groundfish in the BSAI (84 FR 9000, March 13, 2019).
    As of June 12, 2019, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 14,600 mt of Aleut 
Corporation's DFA in the Aleutian Islands subarea will not be 
harvested. Therefore, in accordance with Sec.  679.20(a)(5)(iii)(B)(4), 
NMFS reallocates 14,600 mt of Aleut Corporation's DFA from the Aleutian 
Islands subarea to the 2019 Bering Sea subarea allocations. The 14,600 
mt of pollock in the Bering Sea subarea is apportioned to the AFA 
Inshore sector (50 percent), AFA catcher/processor sector (40 percent), 
and the AFA mothership sector (10 percent). 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 2019 and 2020 harvest specifications for 
groundfish in the BSAI (84 FR 9000, March 13, 2019 and 84 FR 9976, 
March 19, 2019) are revised as follows: 100 mt to Aleut Corporation's 
DFA. Furthermore, pursuant to Sec.  679.20(a)(5), Table 4 of the final 
2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 
9000, March 13, 2019 and 84 FR 9976, March 19, 2019) is revised to make 
2019 pollock allocations consistent with this reallocation.

[[Page 28238]]



    Table 4--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\......................       1,413,500             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....................       1,225,380         551,421         343,106         673,959
AFA Inshore.....................................         612,690         275,711         171,553         336,980
AFA Catcher/Processors \3\......................         490,152         220,568         137,243         269,584
Catch by C/Ps...................................         448,489         201,820             n/a         246,669
Catch by CVs \3\................................          41,663          18,748             n/a          22,915
Unlisted C/P Limit \4\..........................           2,451           1,103             n/a           1,348
AFA Motherships.................................         122,538          55,142          34,311          67,396
Excessive Harvesting Limit \5\..................         214,442             n/a             n/a             n/a
Excessive Processing Limit \6\..................         367,614             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          52,887             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           2,500             n/a             n/a             n/a
CDQ DFA.........................................  ..............  ..............             n/a  ..............
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................             100             100             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 TAC, 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), 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 for Aleutian Islands pollock.
\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 
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 June 
11, 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: June 13, 2019.
Peter William Cooper,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-12865 Filed 6-13-19; 4:15 pm]
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