| Page Range | 12829-12831 | |
| FR Document | 2016-05537 |
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)] [Rules and Regulations] [Pages 12829-12831] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05537] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02] RIN 0648-XE495 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 Aleut Corporation pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2016 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, 2016 through 2400 hrs Alaska Local time, December 31, 2016. 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 2016 pollock total allowable catch (TAC) allocated to the Aleut Corporation directed fishing allowance (DFA) is 14,700 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), and as adjusted by an inseason adjustment (81 FR 184, January 5, 2016). As of March 4, 2016, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 5,000 mt of the Aleut Corporation pollock DFA in the [[Page 12830]] Aleutian Islands subarea will not be harvested. Therefore, in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates 1,991 mt of A season pollock DFA and 3,009 mt of B season pollock DFA from the Aleutian Islands subarea to the 2016 Bering Sea subarea DFAs. The 5,000 mt of the Aleut Corporation pollock DFA is added to the 2016 Bering Sea non-CDQ DFAs. As a result, the 2016 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), and as adjusted by an inseason adjustment (81 FR 184, January 5, 2016) are revised as follows: 9,700 mt to the annual Aleut Corporation pollock DFA and 9,700 mt to the A season Aleut Corporation pollock DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 5 of the final 2015 and 2016 harvest specifications for groundfish in the Bering Sea and Aleutian Islands (80 FR 11919, March 5, 2015, and 81 FR 184, January 5, 2016), is revised to make 2016 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2016 pollock allocations established at Sec. 679.20(a)(5). Table 5--Final 2016 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\ [Amounts are in metric tons] ---------------------------------------------------------------------------------------------------------------- 2016 A season \1\ 2016 B season 2016 -------------------------------- \1\ Area and sector allocations SCA harvest --------------- A season DFA limit \2\ B season DFA ---------------------------------------------------------------------------------------------------------------- Bering Sea subarea TAC \1\...................... 1,346,900 n/a n/a n/a CDQ DFA......................................... 135,900 54,360 38,052 81,540 ICA \1\......................................... 48,240 n/a n/a n/a AFA Inshore..................................... 581,380 232,552 162,786 348,828 AFA Catcher/Processors \3\...................... 465,104 186,042 130,229 279,062 Catch by C/Ps............................... 425,570 170,228 n/a 255,342 Catch by CVs \3\............................ 39,534 15,814 n/a 23,720 Unlisted C/P Limit \4\...................... 2,326 930 n/a 1,395 AFA Motherships................................. 116,276 46,510 32,557 69,766 Excessive Harvesting Limit \5\.................. 203,816 n/a n/a n/a Excessive Processing Limit \6\.................. 349,398 n/a n/a n/a Total Bering Sea DFA............................ 1,162,760 465,104 325,573 697,656 Aleutian Islands subarea ABC.................... 32,227 n/a n/a n/a Aleutian Islands subarea TAC \1\................ 12,100 n/a n/a n/a CDQ DFA......................................... 0 0 n/a 0 ICA............................................. 2,400 1,200 n/a 1,200 Aleut Corporation............................... 9,700 9,700 n/a 0 Area harvest limit \7\ 541......................................... 9,668 n/a n/a n/a 542......................................... 4,834 n/a n/a n/a 543......................................... 1,611 n/a n/a n/a Bogoslof District ICA \8\....................... 500 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 Aleutian Island subarea pollock. Since the pollock fishery is currently underway, it is important to immediately inform the industry as to the final Bering Sea and Aleutian Islands 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 [[Page 12831]] 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 4, 2016. 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 8, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-05537 Filed 3-10-16; 8:45 am] BILLING CODE 3510-22-P
| 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, 2016 through 2400 hrs Alaska Local time, December 31, 2016. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 81 FR 12829 | |
| RIN Number | 0648-XE49 |