[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5170-5172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01094]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02; RTID 0648-XY073]


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 allowance 
(DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This 
action is necessary to provide opportunity for harvest of the 2020 
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.), January 29, 
2020, until the effective date of the final 2020 and 2021 harvest 
specifications for 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superseded through publication of a notification in the Federal 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 2020 pollock 
total allowable catch (TAC) allocated to the CDQ DFA is 1,900 mt as 
established by the final 2019 and 2020 harvest specifications for 
groundfish in the BSAI (84 FR 9000, March 13, 2019), and as adjusted by 
an inseason adjustment (85 FR 19, January 2, 2020).
    As of January 15, 2020, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has

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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 2020 Bering Sea subarea. The 
1,900 mt of pollock CDQ DFA is added to the 2020 Bering Sea CDQ DFA. 
The 2020 Bering Sea subarea pollock incidental catch allowance remains 
at 47,453 mt. As a result, the 2020 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 as adjusted by an inseason adjustment (85 FR 19, January 
2, 2020) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant 
to Sec.  679.20(a)(5), Table 5 of the final 2019 and 2020 harvest 
specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019), 
as adjusted by the inseason adjustment (85 FR 19, January 2, 2020), is 
revised to make 2020 pollock allocations consistent with this 
reallocation. This reallocation results in an adjustment to the 2020 
CDQ pollock allocation established at Sec.  679.20(a)(5).

    Table 5--Final 2020 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                        2020  A season \1\         2020 B season
                                                       2020      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,426,900             n/a             n/a             n/a
CDQ DFA.........................................         144,400          64,980          40,432          79,420
ICA \1\.........................................          47,453             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,235,048         555,771         345,813         679,276
AFA Inshore.....................................         617,524         277,886         172,907         339,638
AFA Catcher/Processors \3\......................         494,019         222,309         138,325         271,710
    Catch by C/Ps...............................         452,027         203,412             n/a         248,615
    Catch by CVs \3\............................          41,992          18,896             n/a          23,095
    Unlisted C/P Limit \4\......................           2,470           1,112             n/a           1,359
AFA Motherships.................................         123,505          55,577          34,581          67,928
Excessive Harvesting Limit \5\..................         216,133             n/a             n/a             n/a
Excessive Processing Limit \6\..................         370,514             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          55,120             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................          17,100             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          14,700             n/a               0
Area harvest limit \7\..........................             n/a             n/a             n/a             n/a
    541.........................................          16,536             n/a             n/a             n/a
    542.........................................           8,268             n/a             n/a             n/a
    543.........................................           2,756             n/a             n/a             n/a
Bogoslof District ICA \8\.......................              75             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 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)(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 for AI 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)(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 opens January 20, 2020, it is important to immediately 
inform the industry as to the Bering Sea subarea pollock CDQ DFA. 
Immediate notification is necessary to allow for the

[[Page 5172]]

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 15, 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: January 17, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-01094 Filed 1-28-20; 8:45 am]
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