[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18152-18153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06813]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066; RTID 0648-XY098]


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 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.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 27, 2020, 
until 2400 hrs, A.l.t., December 31, 2020.

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 Aleut Corporation's 
directed fishing allowance (DFA) is 14,700 metric tons (mt) as 
established by the final 2020 and 2021 harvest specifications for 
groundfish in the BSAI (85 FR 13553, March 9, 2020).
    As of March 24, 2020, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 10,000 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 10,000 mt of Aleut Corporation's DFA from the Aleutian 
Islands subarea to the Bering Sea subarea DFA allocations. The 10,000 
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 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 2020 and 2021 harvest specifications for 
groundfish in the BSAI (85 FR 13553, March 9, 2020 and 85 FR 17034, 
March 26, 2020) are revised as follows: 4,700 mt to Aleut Corporation's 
DFA. Furthermore, pursuant to Sec.  679.20(a)(5), Table 4 of the final 
2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 
13553, March 9, 2020 and 85 FR 17034, March 26, 2020) is revised to 
make 2020 pollock allocations consistent with this reallocation.

    Table 4--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\......................       1,436,900             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....................       1,245,047         560,271         348,613         684,776
AFA Inshore.....................................         622,524         280,136         174,307         342,388
AFA Catcher/Processors \3\......................         498,019         224,108         139,445         273,910
    Catch by C/Ps...............................         455,687         205,059             n/a         250,628
    Catch by CVs \3\............................          42,332          19,049             n/a          23,282
    Unlisted C/P Limit \4\......................           2,490           1,121             n/a           1,370
AFA Motherships.................................         124,505          56,027          34,861          68,478
Excessive Harvesting Limit \5\..................         217,883             n/a             n/a             n/a
Excessive Processing Limit \6\..................         373,514             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          55,120             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           7,100             n/a             n/a             n/a
CDQ DFA.........................................  ..............  ..............             n/a  ..............
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................           4,700           4,700             n/a  ..............
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), the annual Aleutian Islands pollock
  (AI 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.

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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)(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 AI pollock. Since the pollock fishery 
opened January 20, 2020, 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 March 24, 2020.
    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: March 27, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-06813 Filed 3-27-20; 4:15 pm]
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