Page Range | 39366-39368 | |
FR Document | 2017-17501 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
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 |