80 FR 12781 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 47 (March 11, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 47 (March 11, 2015)
| Page Range | 12781-12783 | |
| FR Document | 2015-05541 |
[Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)] [Rules and Regulations] [Pages 12781-12783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05541] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02] RIN 0648-XD813 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. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amounts of the Community Development Quota pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2015 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 11, 2015 through 2400 hrs, A.l.t., December 31, 2015. 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 2015 pollock total allowable catch (TAC) allocated to the Community Development Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015). As of March 5, 2015, 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 [[Page 12782]] reallocates 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2015 Bering Sea CDQ DFA. As a result, the 2015 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 4 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), is revised to make 2015 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2015 CDQ pollock allocations established at Sec. 679.20(a)(5). Table 4--Final 2015 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA)\1\ [Amounts are in metric tons] ---------------------------------------------------------------------------------------------------------------- 2015 A season\1\ 2015 B 2015 -------------------------------- season\1\ Area and sector Allocations SCA harvest --------------- A season DFA limit \2\ B season DFA ---------------------------------------------------------------------------------------------------------------- Bering Sea subarea TAC \1\...................... 1,311,900 n/a n/a n/a CDQ DFA......................................... 132,900 53,160 37,212 79,740 ICA \1\......................................... 47,160 n/a n/a n/a AFA Inshore..................................... 565,920 226,368 158,458 339,552 AFA Catcher/Processors \3\...................... 452,736 181,094 126,766 271,642 Catch by C/Ps............................... 414,253 165,701 n/a 248,552 Catch by CVs \3\............................ 38,483 15,393 n/a 23,090 Unlisted C/P limit \4\...................... 2,264 905 n/a 1,358 AFA Motherships................................. 113,184 45,274 31,692 67,910 Excessive harvesting limit \5\.................. 198,072 n/a n/a n/a Excessive processing limit \6\.................. 339,552 n/a n/a n/a --------------------------------------------------------------- Total Bering Sea DFA........................ 1,131,840 452,736 316,915 679,104 ---------------------------------------------------------------------------------------------------------------- Aleutian Islands subarea ABC.................... 29,659 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 9,904 n/a 4,796 Area harvest limit: 541......................................... 8,898 n/a n/a n/a 542......................................... 4,449 n/a n/a n/a 543......................................... 1,483 n/a n/a n/a Bogoslof District ICA \7\....................... 100 n/a n/a n/a ---------------------------------------------------------------------------------------------------------------- \1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (4.0 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 BS subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 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) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. \2\ In the BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. \3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/ processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/ processors. \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 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC. \8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA 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 is currently underway, 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 March 5, 2015. [[Page 12783]] 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 6, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-05541 Filed 3-10-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Rules and Regulations 12781
§ 195.307 Pressure testing aboveground the formulas referenced in paragraph DEPARTMENT OF COMMERCE
breakout tanks. (h)(4)(i)(B) of this section. If no suitable
* * * * * remaining strength calculation method National Oceanic and Atmospheric
(c) For aboveground breakout tanks can be identified, an operator must Administration
built to API Std 650 (incorporated by implement a minimum 20 percent or
reference, see § 195.3) and first placed greater operating pressure reduction, 50 CFR Part 679
in service after October 2, 2000, testing based on actual operating pressure for [Docket No. 141021887–5172–02]
must be in accordance with sections two months prior to the date of
7.3.5 and 7.3.6 of API Standard 650 inspection, until the anomaly is RIN 0648–XD813
(incorporated by reference, see § 195.3). repaired. An operator must treat the
(d) For aboveground atmospheric following conditions as immediate Fisheries of the Exclusive Economic
pressure breakout tanks constructed of repair conditions: Zone Off Alaska; Reallocation of
carbon and low alloy steel, welded or Pollock in the Bering Sea and Aleutian
* * * * * Islands
riveted, and non-refrigerated tanks built
to API Std 650 or its predecessor (m) How does an operator notify
PHMSA? An operator must provide any AGENCY: National Marine Fisheries
Standard 12 C that are returned to Service (NMFS), National Oceanic and
service after October 2, 2000, the notification required by this section by:
Atmospheric Administration (NOAA),
necessity for the hydrostatic testing of (1) Sending the notification by Commerce.
repair, alteration, and reconstruction is electronic mail to ACTION: Temporary rule.
covered in section 12.3 of API Standard InformationResourcesManager@dot.gov;
653 (incorporated by reference, see or SUMMARY: NMFS is reallocating the
§ 195.3). (2) Sending the notification by mail to projected unused amounts of the
* * * * * ATTN: Information Resources Manager, Community Development Quota pollock
■ 39. In § 195.428, paragraph (c) is DOT/PHMSA/OPS, East Building, 2nd directed fishing allowances from the
revised to read as follows: Floor, E22–321, 1200 New Jersey Ave Aleutian Islands subarea to the Bering
SE., Washington, DC 20590. Sea subarea. This action is necessary to
§ 195.428 Overpressure safety devices and provide opportunity for harvest of the
overfill protection systems. ■ 41. In § 195.505 paragraph (i) is 2015 total allowable catch of pollock,
* * * * * revised to read as follows: consistent with the goals and objectives
(c) Aboveground breakout tanks that of the Fishery Management Plan for
are constructed or significantly altered § 195.505 Qualification program. Groundfish of the Bering Sea and
according to API Std 2510 (incorporated * * * * * Aleutian Islands Management Area.
by reference, see § 195.3) after October (i) After December 16, 2004, notify the DATES: Effective 1200 hrs, Alaska local
2, 2000, must have an overfill protection Administrator or a state agency time (A.l.t.), March 11, 2015 through
system installed according to API Std participating under 49 U.S.C. Chapter 2400 hrs, A.l.t., December 31, 2015.
2510, section 7.1.2. Other aboveground 601 if the operator significantly FOR FURTHER INFORMATION CONTACT:
breakout tanks with 600 gallons (2271 modifies the program after the Steve Whitney, 907–586–7228.
liters) or more of storage capacity that administrator or state agency has
are constructed or significantly altered SUPPLEMENTARY INFORMATION: NMFS
verified that it complies with this manages the groundfish fishery in the
after October 2, 2000, must have an section. Notifications to PHMSA may be
overfill protection system installed BSAI exclusive economic zone
submitted by electronic mail to according to the Fishery Management
according to API RP 2350 (incorporated InformationResourcesManager@dot.gov,
by reference, see § 195.3). However, an Plan for Groundfish of the Bering Sea
or by mail to ATTN: Information and Aleutian Islands Management Area
operator need not comply with any part Resources Manager DOT/PHMSA/OPS,
of API RP 2350 for a particular breakout (FMP) prepared by the North Pacific
East Building, 2nd Floor, E22–321, New Fishery Management Council (Council)
tank if the operator describes in the Jersey Avenue SE., Washington, DC
manual required by § 195.402 why under authority of the Magnuson-
20590. Stevens Fishery Conservation and
compliance with that part is not
necessary for safety of the tank. ■ 42. Section 195.571 is revised to read Management Act. Regulations governing
as follows: fishing by U.S. vessels in accordance
* * * * *
with the FMP appear at subpart H of 50
■ 40. In § 195.452, paragraph (h)(4)(i)
§ 195.571 What criteria must I use to CFR part 600 and 50 CFR part 679.
introductory text and paragraph (m) are
determine the adequacy of cathodic In the Aleutian Islands subarea, the
revised to read as follows: protection? portion of the 2015 pollock total
§ 195.452 Pipeline integrity management in Cathodic protection required by this allowable catch (TAC) allocated to the
high consequence areas.
subpart must comply with one or more Community Development Quota (CDQ)
* * * * * of the applicable criteria and other directed fishing allowance (DFA) is
(h) * * * considerations for cathodic protection 1,900 metric tons (mt) as established by
(4) * * * contained paragraphs 6.2.2, 6.2.3, 6.2.4, the final 2015 and 2016 harvest
(i) Immediate repair conditions. An specifications for groundfish in the
6.2.5 and 6.3 in NACE SP 0169
operator’s evaluation and remediation BSAI (80 FR 11919, March 5, 2015).
(incorporated by reference, see § 195.3).
schedule must provide for immediate As of March 5, 2015, the
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repair conditions. To maintain safety, an Issued in Washington, DC, on February 26, Administrator, Alaska Region, NMFS,
operator must temporarily reduce the 2015, under authority delegated in 49 CFR (Regional Administrator) has
operating pressure or shut down the 1.97. determined that 1,900 mt of pollock
pipeline until the operator completes Timothy P. Butters, CDQ DFA in the Aleutian Islands
the repair of these conditions. An Acting Administrator. subarea will not be harvested.
operator must calculate the temporary [FR Doc. 2015–04440 Filed 3–10–15; 8:45 am] Therefore, in accordance with
reduction in operating pressure using BILLING CODE 4910–60–P § 679.20(a)(5)(iii)(B)(4), NMFS
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![12782 Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Rules and Regulations
reallocates 1,900 mt of pollock CDQ Aleutian Islands subarea included in the harvest specifications for groundfish in
DFA from the Aleutian Islands subarea final 2015 and 2016 harvest the BSAI (80 FR 11919, March 5, 2015),
to the 2015 Bering Sea subarea specifications for groundfish in the is revised to make 2015 pollock
allocations. The 1,900 mt of pollock BSAI (80 FR 11919, March 5, 2015) are allocations consistent with this
CDQ DFA is added to the 2015 Bering revised as follows: 0 mt to CDQ DFA. reallocation. This reallocation results in
Sea CDQ DFA. As a result, the 2015 Furthermore, pursuant to § 679.20(a)(5), adjustments to the 2015 CDQ pollock
harvest specifications for pollock in the Table 4 of the final 2015 and 2016 allocations established at § 679.20(a)(5).
TABLE 4—FINAL 2015 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA)1
[Amounts are in metric tons]
2015 A season1 2015 B
2015 season1
Area and sector Allocations A season DFA SCA harvest
limit 2 B season DFA
Bering Sea subarea TAC 1 .............................................................................. 1,311,900 n/a n/a n/a
CDQ DFA ......................................................................................................... 132,900 53,160 37,212 79,740
ICA 1 ................................................................................................................. 47,160 n/a n/a n/a
AFA Inshore ..................................................................................................... 565,920 226,368 158,458 339,552
AFA Catcher/Processors 3 ............................................................................... 452,736 181,094 126,766 271,642
Catch by C/Ps .......................................................................................... 414,253 165,701 n/a 248,552
Catch by CVs 3 ......................................................................................... 38,483 15,393 n/a 23,090
Unlisted C/P limit 4 .................................................................................... 2,264 905 n/a 1,358
AFA Motherships ............................................................................................. 113,184 45,274 31,692 67,910
Excessive harvesting limit 5 ............................................................................. 198,072 n/a n/a n/a
Excessive processing limit 6 ............................................................................. 339,552 n/a n/a n/a
Total Bering Sea DFA .............................................................................. 1,131,840 452,736 316,915 679,104
Aleutian Islands subarea ABC ......................................................................... 29,659 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 9,904 n/a 4,796
Area harvest limit:
541 ............................................................................................................ 8,898 n/a n/a n/a
542 ............................................................................................................ 4,449 n/a n/a n/a
543 ............................................................................................................ 1,483 n/a n/a n/a
Bogoslof District ICA 7 ...................................................................................... 100 n/a n/a n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (4.0 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 BS
subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June
10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing al-
lowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
2 In the BS subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 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 § 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 § 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 § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in
Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC.
8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and
are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Classification interest. This requirement is conduct and efficient operation of this
impracticable and contrary to the public fishery; allow the industry to plan for
This action responds to the best interest as it would prevent NMFS from the fishing season and avoid potential
available information recently obtained responding to the most recent fisheries disruption to the fishing fleet as well as
from the fishery. The Assistant data in a timely fashion and would processors; and provide opportunity to
Administrator for Fisheries, NOAA
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delay the reallocation of AI pollock. harvest increased seasonal pollock
(AA), finds good cause to waive the Since the pollock fishery is currently allocations while value is optimum.
requirement to provide prior notice and underway, it is important to NMFS was unable to publish a notice
opportunity for public comment immediately inform the industry as to providing time for public comment
pursuant to the authority set forth at 5 the final Bering Sea subarea pollock because the most recent, relevant data
U.S.C. 553(b)(B) as such requirement is allocations. Immediate notification is only became available as March 5, 2015.
impracticable and contrary to the public necessary to allow for the orderly
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The AA also finds good cause to prior notice and opportunity for public Dated: March 6, 2015.
waive the 30-day delay in the effective comment. Alan D. Risenhoover,
date of this action under 5 U.S.C. This action is required by § 679.20 Director, Office of Sustainable Fisheries,
553(d)(3). This finding is based upon and is exempt from review under National Marine Fisheries Service.
the reasons provided above for waiver of Executive Order 12866. [FR Doc. 2015–05541 Filed 3–10–15; 8:45 am]
Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–P
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Document Created: 2015-12-18 11:58:45
Document Modified: 2015-12-18 11:58:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), March 11, 2015 through 2400 hrs, A.l.t., December 31, 2015. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 80 FR 12781 | |
| RIN Number | 0648-XD81 |
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