[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Rules and Regulations]
[Pages 8349-8351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02493]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD706]


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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut 
Corporation and 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 the opportunity for 
the harvest of the 2024 total allowable catch (TAC) 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.), February 7, 
2024, through 2400 hours, A.l.t., December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone

[[Page 8350]]

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 2024 pollock 
TAC allocated to the Aleut Corporation and CDQ DFA is 14,600 metric 
tons (mt) and 1,900 mt, respectively, as established by the final 2023 
and 2024 harvest specifications for groundfish in the BSAI (88 FR 
14926, March 10, 2023) and inseason adjustment (88 FR 88836, December 
26, 2023).
    As of January 30, 2024, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that 11,680 mt of the Aleut 
Corporation's DFA and 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 11,680 mt of the Aleut 
Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian 
Islands subarea to the Bering Sea subarea allocations. The 1,900 mt of 
pollock CDQ DFA is added to the 2024 Bering Sea CDQ DFA. The 11,680 mt 
of pollock Aleut Corporation's DFA is apportioned to the American 
Fisheries Act (AFA) inshore sector (50 percent), AFA catcher/processor 
(CP) sector (40 percent), and the AFA mothership sector (10 percent). 
The 2024 Bering Sea subarea pollock incidental catch allowance remains 
at 50,000 mt. As a result, the 2024 harvest specifications for pollock 
in the Aleutian Islands subarea included in the final 2023 and 2024 
harvest specifications for groundfish in the BSAI (88 FR 14926, March 
10, 2023) and adjustment (88 FR 88836, December 26, 2023) are revised 
as follows: 0 mt to CDQ DFA and 2,920 mt to the Aleut Corporation's 
DFA. Furthermore, pursuant to Sec.  679.20(a)(5), table 5 is revised to 
make 2024 pollock allocations consistent with this reallocation. This 
reallocation results in an adjustment to the 2024 CDQ pollock 
allocation established at Sec.  679.20(a)(5).

    Table 5--Final 2024 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                      2024 A season \1\           2024  B season
                                                           --------------------------------------       \1\
                                                 2024                         Steller sea lion   ---------------
              Area and sector                 Allocations                     conservation area
                                                             A season DFA    (SCA) harvest limit   B season DFA
                                                                                     \2\
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\................       1,313,580             n/a                   n/a             n/a
CDQ DFA...................................         131,900          59,355                36,932          72,545
Incidental Catch Allowance (ICA) \1\......          50,000             n/a                   n/a             n/a
Total Bering Sea non-CDQ DFA..............       1,131,680         509,256               316,870         622,424
AFA Inshore...............................         565,840         254,628               158,435         311,212
AFA Catcher/Processors \3\................         452,672         203,702               126,748         248,970
    Catch by CPs..........................         414,195         186,388                   n/a         227,807
    Catch by Catcher Vessels (CVs)\3\.....          38,477          17,315                   n/a          21,162
    Unlisted CP Limit \4\.................           2,263           1,019                   n/a           1,245
AFA Motherships...........................         113,168          50,926                31,687          62,242
Excessive Harvesting Limit \5\............         198,044             n/a                   n/a             n/a
Excessive Processing Limit \6\............         339,504             n/a                   n/a             n/a
Aleutian Islands subarea acceptable                 43,092             n/a                   n/a             n/a
 biological catch (ABC)...................
Aleutian Islands subarea TAC \1\..........           5,420             n/a                   n/a             n/a
CDQ DFA...................................  ..............  ..............                   n/a  ..............
ICA.......................................           2,500           1,250                   n/a           1,250
Aleut Corporation.........................           2,920           2,920                   n/a  ..............
Area harvest limit \7\....................             n/a             n/a                   n/a             n/a
    541...................................          12,928             n/a                   n/a             n/a
    542...................................           6,464             n/a                   n/a             n/a
    543...................................           2,155             n/a                   n/a             n/a
Bogoslof District ICA \8\.................             300             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 (50,000 mt--4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
  CP--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of the DFA and CDQ
  DFA are allocated to the A season (January 20 to June 10) and 55 percent of the DFA and CDQ DFA are allocated
  to the B season (June 10 to November 1). When the Aleutian Islands (AI) pollock ABC equals or exceeds 19,000
  mt, the annual TAC is equal to 19,000 mt (Sec.   679.20(a)(5)(iii)(B)(1)). Pursuant to Sec.
  679.20(a)(5)(iii)(B)(2), the AI 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 AI
  subarea, the A season is allocated no more than 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 allocation 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 contract for the year.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than
  0.5 percent of the CP 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 AI 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.

[[Page 8351]]

 
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. NMFS was unable to publish a notificiation providing 
time for public comment because the most recent, relevant data only 
became available as of January 30, 2024.
    The Assistant Administrator for Fisheries, NOAA 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.

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

    Dated: February 2, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-02493 Filed 2-6-24; 8:45 am]
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