82_FR_10996 82 FR 10964 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands

82 FR 10964 - 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 82, Issue 32 (February 17, 2017)

Page Range10964-10965
FR Document2017-03177

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 2017 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.

Federal Register, Volume 82 Issue 32 (Friday, February 17, 2017)
[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Rules and Regulations]
[Pages 10964-10965]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03177]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF229


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 2017 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.), February 17, 
2017, through 2400 hrs, A.l.t., December 31, 2017.

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 2017 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 2016 and 2017 harvest specifications for groundfish in the 
BSAI (81 FR 14773, March 18, 2016), and as adjusted by an inseason 
adjustment (82 FR 2916, January 10, 2017).
    As of February 10, 2017, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 9,000 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 6,764 mt of A season pollock DFA and 2,236 mt of B 
season pollock DFA from the Aleutian Islands subarea to the 2017 Bering 
Sea subarea DFAs. The 9,000 mt of the Aleut Corporation pollock DFA is 
added to the 2017 Bering Sea non-CDQ DFAs. As a result, the 2017 
harvest specifications for pollock in the Aleutian Islands subarea 
included in the final 2016 and 2017 harvest specifications for 
groundfish in the BSAI (81 FR 14773, March 18, 2016), and as adjusted 
by an inseason adjustment (82 FR 2916, January 10, 2017) are revised as 
follows: 5,700 mt to the annual Aleut Corporation pollock DFA and 5,700 
mt to the A season Aleut Corporation pollock DFA. Furthermore, pursuant 
to Sec.  679.20(a)(5), Table 5 of the final 2016 and 2017 harvest 
specifications for groundfish in the Bering Sea and Aleutian Islands 
(81 FR 14773, March 18, 2016, and 82 FR 2916, January 10, 2017), is 
revised to make 2017 pollock allocations consistent with this 
reallocation. This reallocation results in adjustments to the 2017 
pollock allocations established at Sec.  679.20(a)(5).

    Table 5--Final 2017 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                 2017 A season \1\             2017 B season \1\
                                                     -----------------------------------------------------------
         Area and sector           2017 allocations                        SCA harvest limit
                                                         A season DFA             \2\            B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......           1,355,900                 n/a                 n/a                 n/a
CDQ DFA.........................             136,400              61,380              38,192              75,020
ICA \1\.........................              47,210                 n/a                 n/a                 n/a
Total Bering Sea non-CDQ DFA....           1,172,291             527,531             328,241             644,760
AFA Inshore.....................             586,145             263,765             164,121             322,380
AFA Catcher/Processors \3\......             468,916             211,012             131,297             257,904
    Catch by C/Ps...............             429,058             193,076                 n/a             235,982
    Catch by CVs \3\............              39,858              17,936                 n/a              21,922
    Unlisted C/P Limit \4\......               2,345               1,055                 n/a               1,290
AFA Motherships.................             117,229              52,753              32,824              64,476
Excessive Harvesting Limit \5\..             205,151                 n/a                 n/a                 n/a
Excessive Processing Limit \6\..             351,687                 n/a                 n/a                 n/a
Aleutian Islands subarea ABC....              36,061                 n/a                 n/a                 n/a
Aleutian Islands subarea TAC \1\               8,100                 n/a                 n/a                 n/a
CDQ DFA.........................                   0                   0                 n/a                   0
ICA.............................               2,400               1,200                 n/a               1,200
Aleut Corporation...............               5,700               5,700                 n/a                   0
Area harvest limit:\7\
    541.........................              10,818                 n/a                 n/a                 n/a
    542.........................               5,409                 n/a                 n/a                 n/a
    543.........................               1,803                 n/a                 n/a                 n/a

[[Page 10965]]

 
Bogoslof District ICA \8\.......                 500                 n/a                 n/a                 n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10
  percent) and the ICA (3.9 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 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)--(iii), the annual Aleutian Islands
  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 Aleutian Islands
  subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated
  the remainder of the pollock directed fishery.
\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 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 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\ 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 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 February 10, 2017.
    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: February 13, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-03177 Filed 2-14-17; 11:15 am]
BILLING CODE 3510-22-P



                                                10964                     Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Rules and Regulations

                                                  Dated: February 13, 2017.                                                 opportunity for harvest of the 2017 total                    As of February 10, 2017, the
                                                Michael M. Grimm,                                                           allowable catch of pollock, consistent                    Administrator, Alaska Region, NMFS,
                                                Assistant Administrator for Mitigation,                                     with the goals and objectives of the                      (Regional Administrator) has
                                                Federal Insurance and Mitigation                                            Fishery Management Plan for                               determined that 9,000 mt of the Aleut
                                                Administration, Department of Homeland                                      Groundfish of the Bering Sea and                          Corporation pollock DFA in the
                                                Security, Federal Emergency Management                                      Aleutian Islands Management Area.                         Aleutian Islands subarea will not be
                                                Agency.                                                                                                                               harvested. Therefore, in accordance
                                                                                                                            DATES: Effective 1200 hrs, Alaska local
                                                [FR Doc. 2017–03211 Filed 2–16–17; 8:45 am]                                                                                           with § 679.20(a)(5)(iii)(B)(4), NMFS
                                                                                                                            time (A.l.t.), February 17, 2017, through
                                                BILLING CODE 9110–12–P
                                                                                                                            2400 hrs, A.l.t., December 31, 2017.                      reallocates 6,764 mt of A season pollock
                                                                                                                                                                                      DFA and 2,236 mt of B season pollock
                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                      DFA from the Aleutian Islands subarea
                                                DEPARTMENT OF COMMERCE                                                      Steve Whitney, 907–586–7228.                              to the 2017 Bering Sea subarea DFAs.
                                                                                                                            SUPPLEMENTARY INFORMATION: NMFS                           The 9,000 mt of the Aleut Corporation
                                                National Oceanic and Atmospheric                                            manages the groundfish fishery in the                     pollock DFA is added to the 2017 Bering
                                                Administration                                                              BSAI exclusive economic zone                              Sea non-CDQ DFAs. As a result, the
                                                                                                                            according to the Fishery Management                       2017 harvest specifications for pollock
                                                50 CFR Part 679                                                             Plan for Groundfish of the Bering Sea                     in the Aleutian Islands subarea included
                                                [Docket No. 150916863–6211–02]                                              and Aleutian Islands Management Area                      in the final 2016 and 2017 harvest
                                                                                                                            (FMP) prepared by the North Pacific                       specifications for groundfish in the
                                                RIN 0648–XF229                                                              Fishery Management Council (Council)                      BSAI (81 FR 14773, March 18, 2016),
                                                                                                                            under authority of the Magnuson-                          and as adjusted by an inseason
                                                Fisheries of the Exclusive Economic                                         Stevens Fishery Conservation and                          adjustment (82 FR 2916, January 10,
                                                Zone Off Alaska; Reallocation of                                            Management Act. Regulations governing                     2017) are revised as follows: 5,700 mt to
                                                Pollock in the Bering Sea and Aleutian                                      fishing by U.S. vessels in accordance                     the annual Aleut Corporation pollock
                                                Islands                                                                     with the FMP appear at subpart H of 50                    DFA and 5,700 mt to the A season Aleut
                                                AGENCY:  National Marine Fisheries                                          CFR part 600 and 50 CFR part 679.                         Corporation pollock DFA. Furthermore,
                                                Service (NMFS), National Oceanic and                                           In the Aleutian Islands subarea, the                   pursuant to § 679.20(a)(5), Table 5 of the
                                                Atmospheric Administration (NOAA),                                          portion of the 2017 pollock total                         final 2016 and 2017 harvest
                                                Commerce.                                                                   allowable catch (TAC) allocated to the                    specifications for groundfish in the
                                                ACTION: Temporary rule.                                                     Aleut Corporation directed fishing                        Bering Sea and Aleutian Islands (81 FR
                                                                                                                            allowance (DFA) is 14,700 metric tons                     14773, March 18, 2016, and 82 FR 2916,
                                                SUMMARY:   NMFS is reallocating the                                         (mt) as established by the final 2016 and                 January 10, 2017), is revised to make
                                                projected unused amounts of the Aleut                                       2017 harvest specifications for                           2017 pollock allocations consistent with
                                                Corporation pollock directed fishing                                        groundfish in the BSAI (81 FR 14773,                      this reallocation. This reallocation
                                                allowance from the Aleutian Islands                                         March 18, 2016), and as adjusted by an                    results in adjustments to the 2017
                                                subarea to the Bering Sea subarea. This                                     inseason adjustment (82 FR 2916,                          pollock allocations established at
                                                action is necessary to provide                                              January 10, 2017).                                        § 679.20(a)(5).

                                                      TABLE 5—FINAL 2017 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
                                                                                     DIRECTED FISHING ALLOWANCES (DFA) 1
                                                                                                                                          [Amounts are in metric tons]

                                                                                                                                                                                2017 A season 1                  2017 B season 1
                                                                               Area and sector                                             2017 allocations
                                                                                                                                                                       A season DFA       SCA harvest limit 2    B season DFA

                                                Bering Sea subarea TAC 1 ..............................................                             1,355,900                       n/a                    n/a                 n/a
                                                CDQ DFA .........................................................................                     136,400                   61,380                 38,192              75,020
                                                ICA 1 .................................................................................                47,210                      n/a                     n/a                 n/a
                                                Total Bering Sea non-CDQ DFA .....................................                                  1,172,291                  527,531                328,241             644,760
                                                AFA Inshore .....................................................................                     586,145                  263,765                164,121             322,380
                                                AFA Catcher/Processors 3 ...............................................                              468,916                  211,012                131,297             257,904
                                                    Catch by C/Ps ..........................................................                          429,058                  193,076                     n/a            235,982
                                                    Catch by CVs 3 .........................................................                           39,858                   17,936                     n/a             21,922
                                                    Unlisted C/P Limit 4 ...................................................                            2,345                    1,055                     n/a              1,290
                                                AFA Motherships .............................................................                         117,229                   52,753                 32,824              64,476
                                                Excessive Harvesting Limit 5 ............................................                             205,151                       n/a                    n/a                 n/a
                                                Excessive Processing Limit 6 ...........................................                              351,687                      n/a                     n/a                 n/a
                                                Aleutian Islands subarea ABC .........................................                                 36,061                       n/a                    n/a                n/a
                                                Aleutian Islands subarea TAC 1 .......................................                                  8,100                       n/a                    n/a                 n/a
                                                CDQ DFA .........................................................................                           0                         0                    n/a                   0
                                                ICA ...................................................................................                 2,400                    1,200                     n/a              1,200
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                                                Aleut Corporation .............................................................                         5,700                    5,700                     n/a                   0
                                                Area harvest limit:7
                                                    541 ............................................................................                   10,818                      n/a                    n/a                 n/a
                                                    542 ............................................................................                    5,409                      n/a                    n/a                 n/a
                                                    543 ............................................................................                    1,803                      n/a                    n/a                 n/a




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                                                                       Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Rules and Regulations                                                       10965

                                                     TABLE 5—FINAL 2017 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
                                                                              DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
                                                                                                                                 [Amounts are in metric tons]

                                                                                                                                                                       2017 A season 1                    2017 B season 1
                                                                           Area and sector                                        2017 allocations
                                                                                                                                                              A season DFA        SCA harvest limit 2      B season DFA

                                                Bogoslof District ICA 8 ......................................................                    500                     n/a                      n/a                      n/a
                                                   1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is al-
                                                located as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—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 § 679.20(a)(5)(iii)(B)(2)(i)—(iii), the annual Aleutian Islands 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 Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remain-
                                                der of the pollock directed fishery.
                                                  2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), 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 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 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                                                      subarea pollock. Since the pollock                         The AA also finds good cause to
                                                                                                                    fishery is currently underway, it is                     waive the 30-day delay in the effective
                                                   This action responds to the best                                 important to immediately inform the                      date of this action under 5 U.S.C.
                                                available information recently obtained                             industry as to the final Bering Sea and                  553(d)(3). This finding is based upon
                                                from the fishery. The Assistant                                     Aleutian Islands pollock allocations.                    the reasons provided above for waiver of
                                                Administrator for Fisheries, NOAA                                   Immediate notification is necessary to                   prior notice and opportunity for public
                                                (AA), finds good cause to waive the                                 allow for the orderly conduct and                        comment.
                                                requirement to provide prior notice and                             efficient operation of this fishery; allow                 This action is required by § 679.20
                                                opportunity for public comment                                      the industry to plan for the fishing                     and is exempt from review under
                                                pursuant to the authority set forth at 5                            season and avoid potential disruption to                 Executive Order 12866.
                                                U.S.C. 553(b)(B) as such requirement is                             the fishing fleet as well as processors;                   Authority: 16 U.S.C. 1801 et seq.
                                                impracticable and contrary to the public                            and provide opportunity to harvest
                                                interest. This requirement is                                       increased seasonal pollock allocations                     Dated: February 13, 2017.
                                                impracticable and contrary to the public                            while value is optimum. NMFS was                         Karen H. Abrams,
                                                interest as it would prevent NMFS from                              unable to publish a notice providing                     Acting Deputy Director, Office of Sustainable
                                                responding to the most recent fisheries                             time for public comment because the                      Fisheries, National Marine Fisheries Service.
                                                data in a timely fashion and would                                  most recent, relevant data only became                   [FR Doc. 2017–03177 Filed 2–14–17; 11:15 am]
                                                delay the reallocation of Aleutian Island                           available as February 10, 2017.                          BILLING CODE 3510–22–P
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Document Created: 2017-02-17 00:29:03
Document Modified: 2017-02-17 00:29:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), February 17, 2017, through 2400 hrs, A.l.t., December 31, 2017.
ContactSteve Whitney, 907-586-7228.
FR Citation82 FR 10964 
RIN Number0648-XF22

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