82 FR 39366 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea Subarea

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 159 (August 18, 2017)

Page Range		39366-39368
FR Document		2017-17501
NMFS is reallocating projected unused amounts of Bering Sea subarea (BS) pollock from the incidental catch allowance to the directed fisheries. This action is necessary to allow the 2017 total allowable catch (TAC) of pollock to be harvested.
Federal Register, Volume 82 Issue 159 (Friday, August 18, 2017)
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39366-39368]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17501]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF614


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pollock in the Bering Sea Subarea

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 projected unused amounts of Bering Sea 
subarea (BS) pollock from the incidental catch allowance to the 
directed fisheries. This action is necessary to allow the 2017 total 
allowable catch (TAC) of pollock to be harvested.

DATES: Effective August 15, 2017, until 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 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.
    The 2017 pollock incidental catch allowance in the BS was 
established as 47,210 metric tons (mt) by the 2017 and 2018 final 
harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017), and as adjusted by reallocations (82 FR 31925, July 
11, 2017), in accordance with Sec.  679.20(a)(5)(i)(A)(1) and the 
American Fisheries Act (AFA) (Pub. L. 105-277, Division C, Title II).
    As of August 9, 2017, the Administrator, Alaska Region, NMFS, has 
determined that approximately 21,000 (mt) of pollock remain in the 
incidental catch allowance. Based on projected harvest rates of other 
groundfish species and the expected incidental catch of pollock in 
those fisheries, the Regional Administrator has determined that 4,000 
mt of pollock specified in the incidental catch allowance will not be 
necessary as incidental catch. Therefore, NMFS is apportioning the 
projected unused amount, 4,000 mt, of pollock from the incidental catch 
allowance to the directed fishing allowances established pursuant to 
Sec.  679.20(a)(5)(i)(A). Pursuant to the pollock allocation 
requirements set forth in Sec.  679.20(a)(5)(i), this transfer will 
increase the allocation to catcher vessels harvesting pollock for 
processing by the inshore component by 2,000 mt, to catcher/processors 
and catcher vessels harvesting pollock for processing by catcher/
processors in the offshore component by 1,600 mt, and to catcher 
vessels harvesting pollock for processing by motherships in the 
offshore component by 400 mt. Pursuant to Sec.  679.20(a)(5)(i)(A)(4), 
8.5 percent of the 1,600 mt allocated to catcher/processors in the 
offshore component, 136 mt, will be available for harvest only by 
eligible catcher vessels delivering to listed catcher/processors. 
Pursuant to Sec.  679.20(a)(5)(i)(A)(4)(iii), an additional 8 mt or 0.5 
percent of the catcher/processor sector allocation of pollock will be 
available to unlisted AFA catcher/processors.
    Pursuant to Sec.  679.20(a)(5)(i)(A), Tables 4 and 5 of the 2017 
and 2018 final harvest specifications for groundfish in the BSAI are 
revised as follows:

[[Page 39367]]



    Table 4--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
                                                       2017      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,361,600             n/a             n/a             n/a
CDQ DFA.........................................         136,400          61,380          38,192          75,020
ICA \1\.........................................          43,210             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,181,991         531,896         330,957         650,095
AFA Inshore.....................................         590,995         265,948         165,479         325,047
AFA Catcher/Processors \3\......................         472,796         212,758         132,383         260,038
    Catch by C/Ps...............................         432,609         194,674             n/a         237,935
    Catch by CVs \3\............................          40,188          18,084             n/a          22,103
    Unlisted C/P Limit \4\......................           2,364           1,064             n/a           1,300
AFA Motherships.................................         118,199          53,190          33,096          65,009
Excessive Harvesting Limit \5\..................         206,848             n/a             n/a             n/a
Excessive Processing Limit \6\..................         354,597             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          36,061             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           2,400             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................               0               0             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
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, 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.


    Table 5--Final 2018 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2018 A season \1\         2018 B season
                                                       2018      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,345,000             n/a             n/a             n/a
CDQ DFA.........................................         134,500          60,525          37,660          73,975
ICA \1\.........................................          47,210             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,163,291         523,481         325,721         639,810
AFA Inshore.....................................         581,645         261,740         162,861         319,905
AFA Catcher/Processors \3\......................         465,316         209,392         130,289         255,924
    Catch by C/Ps...............................         425,764         191,594             n/a         234,170
    Catch by CVs \3\............................          39,552          17,798             n/a          21,754
    Unlisted C/P Limit \4\......................           2,327           1,047             n/a           1,280
AFA Motherships.................................         116,329          52,348          32,572          63,981
Excessive Harvesting Limit \5\..................         203,576             n/a             n/a             n/a
Excessive Processing Limit \6\..................         348,987             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          40,788             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................          19,000             n/a             n/a             n/a

[[Page 39368]]

 
CDQ DFA.........................................           1,900             760             n/a           1,140
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          14,355             n/a             345
Area harvest limit \7\
    541.........................................          12,236             n/a             n/a             n/a
    542.........................................           6,118             n/a             n/a             n/a
    543.........................................           2,039             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 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 a 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 projected unused amounts of BS pollock 
from the incidental catch allowance to the directed fisheries. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of August 9, 
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 taken under 50 CFR 679.20, and is exempt from review 
under Executive Order 12866.

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

    Dated: August 15, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-17501 Filed 8-15-17; 4:15 pm]
 BILLING CODE 3510-22-P
39366 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations

Classification Act because the preceding interim final 47,210 metric tons (mt) by the 2017 and
Pursuant to section 304(b)(1)(A) of the rule was issued without opportunity for 2018 final harvest specifications for
Magnuson-Stevens Act, the NMFS prior notice and comment. groundfish in the BSAI (82 FR 11826,
Assistant Administrator (AA) has Authority: 16 U.S.C. 1801 et seq. February 27, 2017), and as adjusted by
determined that this final rule is Dated: August 15, 2017. reallocations (82 FR 31925, July 11,
consistent with the NE Multispecies Chris Oliver,
2017), in accordance with
FMP, other provisions of the Magnuson- § 679.20(a)(5)(i)(A)(1) and the American
Assistant Administrator for Fisheries,
Stevens Act, and other applicable law. National Marine Fisheries Service. Fisheries Act (AFA) (Pub. L. 105–277,
This action is exempt from the Division C, Title II).
[FR Doc. 2017–17522 Filed 8–17–17; 8:45 am]
procedures of Executive Order 12866
BILLING CODE 3510–22–P As of August 9, 2017, the
because this action contains no
Administrator, Alaska Region, NMFS,
implementing regulations.
This final rule is not an E.O. 13771 has determined that approximately
DEPARTMENT OF COMMERCE 21,000 (mt) of pollock remain in the
regulatory action because it is not
significant under E.O. 12866. incidental catch allowance. Based on
National Oceanic and Atmospheric
This final rule does not contain projected harvest rates of other
Administration
policies with Federalism or ‘‘takings’’ groundfish species and the expected
implications as those terms are defined 50 CFR Part 679 incidental catch of pollock in those
in E.O. 13132 and E.O. 12630, fisheries, the Regional Administrator
respectively. [Docket No. 161020985–7181–02] has determined that 4,000 mt of pollock
The AA finds good cause, under RIN 0648–XF614 specified in the incidental catch
authority provided in 5. U.S.C. allowance will not be necessary as
553(d)(1), to waive the 30-day delay in Fisheries of the Exclusive Economic incidental catch. Therefore, NMFS is
effective date because a delay in Zone Off Alaska; Reallocation of apportioning the projected unused
effectiveness would be contrary to the Pollock in the Bering Sea Subarea amount, 4,000 mt, of pollock from the
public interest. This rule does not incidental catch allowance to the
impose any new requirements or costs AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and directed fishing allowances established
on industry for which industry needs
Atmospheric Administration (NOAA), pursuant to § 679.20(a)(5)(i)(A).
time to prepare to comply. Groundfish
Commerce. Pursuant to the pollock allocation
sectors requested this exemption to
provide greater operational flexibility ACTION: Temporary rule; reallocation. requirements set forth in
and to increase fishing opportunities. § 679.20(a)(5)(i), this transfer will
SUMMARY: NMFS is reallocating increase the allocation to catcher vessels
Delaying its effectiveness would
projected unused amounts of Bering Sea harvesting pollock for processing by the
unnecessarily restrict their fishing and
subarea (BS) pollock from the incidental inshore component by 2,000 mt, to
lead to lost economic opportunity and
catch allowance to the directed catcher/processors and catcher vessels
efficiencies for sector vessels.
fisheries. This action is necessary to harvesting pollock for processing by
Additionally, the small-mesh exemption
allow the 2017 total allowable catch catcher/processors in the offshore
is typically used by sector vessels in the
(TAC) of pollock to be harvested. component by 1,600 mt, and to catcher
fall. Because this rule changes the
DATES: Effective August 15, 2017, until vessels harvesting pollock for
exemption area to increase use of the
exemption, a delay in effectiveness 2400 hrs, A.l.t., December 31, 2017. processing by motherships in the
would prevent sector vessels from the FOR FURTHER INFORMATION CONTACT: offshore component by 400 mt. Pursuant
benefit of this change for the fall 2017 Steve Whitney, 907–586–7228. to § 679.20(a)(5)(i)(A)(4), 8.5 percent of
season, thus undermining the intent of SUPPLEMENTARY INFORMATION: NMFS the 1,600 mt allocated to catcher/
the rule. The interim final rule, which manages the groundfish fishery in the processors in the offshore component,
proposed this action, was originally BSAI exclusive economic zone 136 mt, will be available for harvest
delayed as a result of the untimely according to the Fishery Management only by eligible catcher vessels
submission of Framework Adjustment Plan for Groundfish of the Bering Sea delivering to listed catcher/processors.
56 by the New England Fishery and Aleutian Islands Management Area Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), an
Management Council, which prevented (FMP) prepared by the North Pacific additional 8 mt or 0.5 percent of the
us from coordinating the publishing of Fishery Management Council under catcher/processor sector allocation of
the sector rule and the Framework 56 authority of the Magnuson-Stevens pollock will be available to unlisted
rulemaking in time for May 1, 2017 start Fishery Conservation and Management
AFA catcher/processors.
of the 2017 fishing year. For all of these Act. Regulations governing fishing by
reasons, a 30-day delay in effectiveness U.S. vessels in accordance with the FMP Pursuant to § 679.20(a)(5)(i)(A),
of this rule would be contrary to the appear at subpart H of 50 CFR part 600 Tables 4 and 5 of the 2017 and 2018
public interest. and 50 CFR part 679. final harvest specifications for
This final rule is exempt from the The 2017 pollock incidental catch groundfish in the BSAI are revised as
procedures of the Regulatory Flexibility allowance in the BS was established as follows:
mstockstill on DSK30JT082PROD with RULES

VerDate Sep<11>2014 15:59 Aug 17, 2017 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\18AUR1.SGM 18AUR1
Document Created: 2017-08-18 07:40:28
Document Modified: 2017-08-18 07:40:28
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; reallocation.
Dates		Effective August 15, 2017, until 2400 hrs, A.l.t., December 31, 2017.
Contact		Steve Whitney, 907-586-7228.
FR Citation		82 FR 39366
RIN Number		0648-XF61
82 FR 39366 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea Subarea

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 159 (August 18, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
