82 FR 9975 - 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 26 (February 9, 2017)

Page Range		9975-9977
FR Document		2017-02611

NMFS is reallocating the projected unused amounts of the Community Development Quota 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 26 (Thursday, February 9, 2017)

[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9975-9977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02611]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF209


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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amounts of the 
Community Development Quota 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 9, 2017 
until the effective date of the final 2017 and 2018 harvest 
specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, 
unless otherwise modified or superseded through publication of a 
notification in the Federal Register.

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)

[[Page 9976]]

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 Community Development 
Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt) 
as established by the final 2016 and 2017 harvest specifications for 
groundfish in the BSAI (81 FR 14773, March 16, 2016), and as adjusted 
by an inseason adjustment (82 FR 2916, January 10, 2017).
    As of February 1, 2017, 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 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 2017 Bering Sea CDQ DFA. 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 16, 2016) are revised as follows: 0 mt to CDQ 
DFA. Furthermore, pursuant to Sec.  679.20(a)(5), Table 5 of the final 
2015 and 2016 harvest specifications for groundfish in the BSAI (81 FR 
14773, March 16, 2016), as adjusted by the inseason adjustment (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 CDQ 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
                                                       2017      --------------------------------       \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.........................................         136,400          61,380          38,192          75,020
ICA \1\.........................................          47,210             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,163,291         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....................          36,061             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          13,224             n/a           1,476
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 (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.


[[Page 9977]]

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 open, 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 of February 1, 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 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-02611 Filed 2-8-17; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations 9975

date for certain provisions to begin 30 DEPARTMENT OF COMMERCE policy they raise.’’ In accordance with
days after the effective date of the Order. this memorandum, this action delays
The implementation date of these National Oceanic and Atmospheric the final rule NMFS published on
provisions is now April 20, 2017. Administration January 19, 2017, at 82 FR 6309, until
To the extent that 5 U.S.C. 553 applies March 21, 2017.
50 CFR Part 223
to this action, it is exempt from notice List of Subjects in 50 CFR Part 223
and comment because it constitutes a [Docket No. 150211138–7024–02] Endangered and threatened species,
rule of procedure under 5 U.S.C. Exports, Imports, Transportation.
RIN 0648–XD771
553(b)(A). Alternatively, our
Dated: February 3, 2017.
implementation of this action without Endangered and Threatened Wildlife Alan D. Risenhoover,
opportunity for public comment, and Plants; Final Rule To List Two Acting Deputy Assistant Administrator for
effective immediately upon publication Guitarfishes as Threatened Under the Regulatory Programs, National Marine
in the Federal Register, is based on the Endangered Species Act Fisheries Service.
good cause exceptions in 5 U.S.C. [FR Doc. 2017–02609 Filed 2–8–17; 8:45 am]
553(b)(B) and 553(d)(3). Pursuant to 5 AGENCY: National Marine Fisheries
U.S.C. 553(b)(B), we have determined Service (NMFS), National Oceanic and BILLING CODE 3510–22–P

that good cause exists to forego the Atmospheric Administration (NOAA),
Commerce.
requirement to provide prior notice and DEPARTMENT OF COMMERCE
an opportunity for public comment ACTION: Final rule; delay of effective
thereon for this rule as such procedures date. National Oceanic and Atmospheric
would be impracticable, unnecessary Administration
SUMMARY: In accordance with the
and contrary to the public interest. We memorandum of January 20, 2017, from
are temporarily postponing for 60 days 50 CFR Part 679
the Assistant to the President and Chief
the effective date of this regulation of Staff, entitled ‘‘Regulatory Freeze [Docket No. 150916863–6211–02]
pursuant to the previously-noted Pending Review,’’ published in the RIN 0648–XF209
memorandum of the Chief of Staff. As Federal Register on January 24, 2017
a result, seeking public comment on this (the Memorandum), this action delays Fisheries of the Exclusive Economic
delay is unnecessary and contrary to the the final rule NMFS published on Zone Off Alaska; Reallocation of
public interest. For these same reasons January 19, 2017. Pollock in the Bering Sea and Aleutian
we find good cause to waive the 30-day DATES: Effective February 9, 2017, the Islands
delay in effective date provided for in 5 effective date of the final rule amending
AGENCY: National Marine Fisheries
U.S.C. 553(d). 50 CFR part 223, that published on
Service (NMFS), National Oceanic and
Authority: 43 CFR part 3160. January 19, 2017, at 82 FR 6309, is
Atmospheric Administration (NOAA),
delayed until March 21, 2017.
Richard T. Cardinale,
Commerce.
FOR FURTHER INFORMATION CONTACT:
ACTION: Temporary rule; reallocation.
Acting Assistant Secretary, Land and Marta Nammack, NMFS, Office of
Minerals Management. Protected Resources (OPR), (301) 427– SUMMARY: NMFS is reallocating the
For reasons set out in the preamble, 8403. projected unused amounts of the
the Bureau of Land Management SUPPLEMENTARY INFORMATION: On Community Development Quota pollock
January 19, 2017, NMFS published the directed fishing allowance from the
amends the appendix following the
final rule to list two foreign marine Aleutian Islands subarea to the Bering
regulatory text of the final rule
guitarfish species under the Endangered Sea subarea. This action is necessary to
published in the Federal Register at 72
Species Act (ESA). We considered provide opportunity for harvest of the
FR 10308 at 10328 (March 7, 2007), 2017 total allowable catch of pollock,
corrected on March 9, 2007 (72 FR comments submitted on the proposed
listing rule and have determined that consistent with the goals and objectives
10608), effective March 7, 2007, and of the Fishery Management Plan for
revised on January 10, 2017 (82 FR the blackchin guitarfish (Rhinobatos
cemiculus) and common guitarfish Groundfish of the Bering Sea and
2906), as follows: Aleutian Islands Management Area.
(Rhinobatos rhinobatos) warrant listing
Note: This appendix does not appear in the as threatened species. We will not DATES: Effective 1200 hrs, Alaska local
BLM regulations in 43 CFR part 3160. designate critical habitat for either of time (A.l.t.), February 9, 2017 until the
these species because the geographical effective date of the final 2017 and 2018
Appendix—Text of Oil and Gas areas occupied by these species are harvest specifications for Bering Sea and
Onshore Order entirely outside U.S. jurisdiction, and Aleutian Islands (BSAI) groundfish,
we have not identified any unoccupied unless otherwise modified or
Amend Onshore Oil and Gas Order
areas within U.S. jurisdiction that are superseded through publication of a
Number 1 sections III.A, III.C, and III.E by
replacing ‘‘March 13, 2017,’’ with ‘‘April 20, currently essential to the conservation notification in the Federal Register.
2017,’’ at each place it occurs. of either of these species. FOR FURTHER INFORMATION CONTACT:
On January 20, 2017, the White House Steve Whitney, 907–586–7228.
[FR Doc. 2017–02711 Filed 2–8–17; 8:45 am]
issued a memorandum instructing SUPPLEMENTARY INFORMATION: NMFS
sradovich on DSK3GMQ082PROD with RULES

BILLING CODE 4310–84–P
Federal agencies to temporarily manages the groundfish fishery in the
postpone the effective date for 60 days BSAI exclusive economic zone
after January 20, 2017, of any according to the Fishery Management
regulations or guidance documents that Plan for Groundfish of the Bering Sea
have published in the Federal Register and Aleutian Islands Management Area
but not yet taken effect, for the purpose (FMP) prepared by the North Pacific
of ‘‘reviewing questions of fact, law, and Fishery Management Council (Council)

VerDate Sep<11>2014 15:44 Feb 08, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM 09FER1

$Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations 9977 Classification Since the pollock fishery is currently The AA also finds good cause to open, it is important to immediately waive the 30-day delay in the effective This action responds to the best inform the industry as to the final date of this action under 5 U.S.C. available information recently obtained Bering Sea subarea pollock allocations. 553(d)(3). This finding is based upon from the fishery. The Assistant Immediate notification is necessary to the reasons provided above for waiver of Administrator for Fisheries, NOAA allow for the orderly conduct and prior notice and opportunity for public (AA), finds good cause to waive the comment. efficient operation of this fishery; allow requirement to provide prior notice and This action is required by § 679.20 the industry to plan for the fishing opportunity for public comment and is exempt from review under season and avoid potential disruption to pursuant to the authority set forth at 5 Executive Order 12866. the fishing fleet as well as processors; U.S.C. 553(b)(B) as such requirement is and provide opportunity to harvest Authority: 16 U.S.C. 1801 et seq. impracticable and contrary to the public interest. This requirement is increased seasonal pollock allocations Dated: February 3, 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. 2017–02611 Filed 2–8–17; 8:45 am] delay the reallocation of AI pollock. available as of February 1, 2017. BILLING CODE 3510–22–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 15:44 Feb 08, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 9990 E:\FR\FM\09FER1.SGM 09FER1$

Document Created: 2017-02-09 01:02:53
Document Modified: 2017-02-09 01:02:53

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 1200 hrs, Alaska local time (A.l.t.), February 9, 2017 until the effective date of the final 2017 and 2018 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.
Contact		Steve Whitney, 907-586-7228.
FR Citation		82 FR 9975
RIN Number		0648-XF20

82 FR 9975 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 26 (February 9, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration