[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Rules and Regulations]
[Pages 17752-17753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07082]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022]
RTID 0648-XA986


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) and Aleut Corporation 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 hours, Alaska local time (A.l.t.), April 6, 2021 
through 2400 hours, A.l.t., December 31, 2021.

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 (Magnuson-Stevens 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 CDQ groups is 1,900 mt and the 
Aleut Corporation DFA is 14,600 mt as established by the final 2021 and 
2022 harvest specifications for groundfish in the BSAI (86 FR 11449, 
February 25, 2021).
    As of March 26, 2021, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 1,900 mt of CDQ pollock 
and 12,600 mt of the Aleut Corporation pollock 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 CDQ pollock 
and 12,600 mt of the Aleut Corporation pollock DFA from the Aleutian 
Islands subarea to the Bering Sea subarea. The 1,900 mt of 2021 
Aleutian Islands CDQ pollock is added to the 2021 Bering Sea CDQ 
pollock. The 12,600 mt of 2021 Aleutians Islands Aleut Corporation 
pollock DFA is added to the 2021 Bering Sea pollock 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 for AI CDQ pollock and 2,000 mt for 
the Aleut Corporation pollock 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 and Aleut 
Corporation pollock allocations 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 limit
                                                            A season DFA           \2\            B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\..........          1,389,500                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
Total Bering Sea non-CDQ DFA........          1,200,600            540,270            336,168            660,330
AFA Inshore.........................            600,300            270,135            168,084            330,165
AFA Catcher/Processors \3\..........            480,240            216,108            134,467            264,132
Catch by CPs........................            439,420            197,739                n/a            241,681
Catch by CVs \3\....................             40,820             18,369                n/a             22,451
Unlisted CP Limit \4\...............              2,401              1,081                n/a              1,321
AFA Motherships.....................            120,060             54,027             33,617             66,033
Excessive Harvesting Limit \5\......            210,105                n/a                n/a                n/a
Excessive Processing Limit \6\......            360,180                n/a                n/a                n/a
Aleutian Islands subarea ABC........             51,241                n/a                n/a                n/a
Aleutian Islands subarea TAC \1\....              4,500                n/a                n/a                n/a
CDQ DFA.............................  .................  .................                n/a  .................
ICA.................................              2,500              1,250                n/a              1,250
Aleut Corporation...................              2,000              2,000                n/a  .................
Area harvest limit \7\..............                n/a                n/a                n/a                n/a
541.................................             15,372                n/a                n/a                n/a
542.................................              7,686                n/a                n/a                n/a
543.................................              2,562                n/a                n/a                n/a

[[Page 17753]]

 
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 subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA
  (2,500 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 Aleutian Islands 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/processor 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 CDQ pollock and the Bering Sea subarea Aleut Corporation 
pollock 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 
March 26, 2021.

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

    Dated: April 1, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-07082 Filed 4-5-21; 8:45 am]
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