[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 14013-14014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05124]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022]
RTID 0648-XA821


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 2021 
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.), March 12, 2021, 
until the effective date of the final 2021 and 2022 harvest 
specifications for BSAI groundfish, unless otherwise modified or 
superseded through publication of a notification in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Kurt Iverson, 907-586-7210.

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 2021 pollock 
total allowable catch (TAC) allocated to the CDQ DFA is 1,900 metric 
tons (mt) as established by the final 2021 and 2022 harvest 
specifications for groundfish in the BSAI (86 FR 11449, February 25, 
2021).
    As of January 19, 2021, 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 
Bering Sea subarea. The 1,900 mt of pollock 2021 Aleutians Islands CDQ 
DFA is added to the 2021 Bering Sea CDQ DFA. The 2021 Bering Sea 
subarea pollock incidental catch allowance remains at 49,500 mt. As a 
result, the 2021 harvest specifications for pollock in the Aleutian 
Islands subarea included in the final 2021 and 2022 harvest 
specifications for groundfish in the BSAI (86 FR 11449, February 25, 
2021) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant to 
Sec.  679.20(a)(5), Table 4 of the final 2021 and 2022 harvest 
specifications for groundfish in the BSAI (86 FR 11449, February 25, 
2021) is revised to make 2021 pollock allocations consistent with this 
reallocation. This reallocation results in an adjustment to the 2021 
CDQ pollock allocation established at Sec.  679.20(a)(5).

    Table 4--Final 2021 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                       2021 A season \1\          2021 B season
                                                               --------------------------------        \1\
               Area and sector                2021 allocations                    SCA harvest  -----------------
                                                                 A season DFA      limit \2\      B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\..................         1,376,900             n/a             n/a               n/a
CDQ DFA.....................................           139,400          62,730          39,032            76,670
ICA \1\.....................................            49,500             n/a             n/a               n/a

[[Page 14014]]

 
Total Bering Sea non-CDQ DFA................         1,188,000         534,600         332,640           653,400
AFA Inshore.................................           594,000         267,300         166,320           326,700
AFA Catcher/Processors \3\..................           475,200         213,840         133,056           261,360
    Catch by CPs............................           434,808         195,664             n/a           239,144
    Catch by CVs \3\........................            40,392          18,176             n/a            22,216
    Unlisted CP Limit \4\...................             2,376           1,069             n/a             1,307
AFA Motherships.............................           118,800          53,460          33,264            65,340
Excessive Harvesting Limit \5\..............           207,900             n/a             n/a               n/a
Excessive Processing Limit \6\..............           356,400             n/a             n/a               n/a
Aleutian Islands subarea ABC................            58,384             n/a             n/a               n/a
Aleutian Islands subarea TAC \1\............            19,000             n/a             n/a               n/a
CDQ DFA.....................................  ................  ..............             n/a  ................
ICA.........................................             2,400           1,250             n/a             1,250
Aleut Corporation...........................            14,700          14,700             n/a  ................
Area harvest limit \7\......................               n/a             n/a             n/a               n/a
    541.....................................            18,515             n/a             n/a               n/a
    542.....................................             8,758             n/a             n/a               n/a
    543.....................................             2,919             n/a             n/a               n/a
Bogoslof District ICA \8\...................               250             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 (4 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
  processor sector (CP)--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 AI pollock ABC.
\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 CPs shall be available
  for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
  CP 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

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be 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, 2021, 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 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 February 25, 2021.

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

    Dated: March 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-05124 Filed 3-11-21; 8:45 am]
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