83 FR 5052 - 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 83, Issue 24 (February 5, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 24 (February 5, 2018)
| Page Range | 5052-5053 | |
| FR Document | 2018-02235 |
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)] [Rules and Regulations] [Pages 5052-5053] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02235] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF979 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's and the Community Development Quota pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2018 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 5, 2018, until the effective date of the final 2018 and 2019 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.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) 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 2018 pollock total allowable catch (TAC) allocated to the Aleut Corporation's directed fishing allowance (DFA) is 14,700 metric tons (mt) and the Community Development Quota (CDQ) DFA is 1,900 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 26, 2017), and as adjusted by an inseason adjustment (82 FR 60329, December 20, 2017). As of January 17, 2018, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 12,200 mt of Aleut Corporation's DFA and 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 12,200 mt of Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2018 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2018 Bering Sea CDQ DFA. The remaining 12,200 mt of pollock is apportioned to the AFA Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2018 Bering Sea subarea pollock incidental catch allowance remains at 47,888 mt. As a result, the 2018 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 26, 2017) are revised as follows: 2,500 mt to Aleut Corporation's DFA and 0 mt to CDQ DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 5 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 26, 2017), as adjusted by the inseason adjustment (82 FR 60329, December 20, 2017), is revised to make 2018 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2018 Aleut Corporation and CDQ pollock allocations established at Sec. 679.20(a)(5). 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\...................... 1,378,441 n/a n/a n/a CDQ DFA......................................... 138,334 62,250 38,734 76,084 ICA \1\......................................... 47,888 n/a n/a n/a Total Bering Sea non-CDQ DFA.................... 1,192,219 536,499 333,821 655,720 AFA Inshore..................................... 596,109 268,249 166,911 327,860 AFA Catcher/Processors \3\...................... 476,888 214,599 133,529 262,288 Catch by C/Ps............................... 436,352 196,358 n/a 239,994 Catch by CVs \3\............................ 40,535 18,241 n/a 22,294 Unlisted C/P Limit \4\...................... 2,384 1,073 n/a 1,311 AFA Motherships................................. 119,222 53,650 33,382 65,572 Excessive Harvesting Limit \5\.................. 208,638 n/a n/a n/a Excessive Processing Limit \6\.................. 357,666 n/a n/a n/a Aleutian Islands subarea ABC.................... 40,788 n/a n/a n/a Aleutian Islands subarea TAC \1\................ 4,900 n/a n/a n/a CDQ DFA......................................... 0 0 n/a 0 [[Page 5053]] ICA............................................. 2,400 1,200 n/a 1,200 Aleut Corporation............................... 2,500 2,500 n/a 0 Area harvest limit \7\.......................... n/a n/a n/a n/a 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\....................... 450 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) through (iii), the annual Aleutian Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for 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 up 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 noon, 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\ Pursuant to Sec. 679.22(a)(7)(i)(B), the Bogoslof District is closed 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 AI pollock. Since the pollock fishery opened January 20, 2018, 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 January 26, 2018. 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: January 31, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-02235 Filed 2-2-18; 8:45 am] BILLING CODE 3510-22-P
![5052 Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations
entities. NMFS published the factual fishing allowances from the Aleutian adjustment (82 FR 60329, December 20,
basis for certification in the proposed Islands subarea to the Bering Sea 2017).
specification, and does not repeat it subarea directed fisheries. These actions As of January 17, 2018, the
here. NMFS did not receive comments are necessary to provide opportunity for Administrator, Alaska Region, NMFS,
regarding the certification and has no harvest of the 2018 total allowable catch (Regional Administrator) has
reason to think that anything has of pollock, consistent with the goals and determined that 12,200 mt of Aleut
changed to affect it. As a result, a final objectives of the Fishery Management Corporation’s DFA and 1,900 mt of
regulatory flexibility analysis is not Plan for Groundfish of the Bering Sea pollock CDQ DFA in the Aleutian
required, and one was not prepared. and Aleutian Islands Management Area. Islands subarea will not be harvested.
This action is exempt from review DATES: Effective 1200 hrs, Alaska local Therefore, in accordance with
under Executive Order 12866. time (A.l.t.), February 5, 2018, until the § 679.20(a)(5)(iii)(B)(4), NMFS
Authority: 16 U.S.C. 1801 et seq. effective date of the final 2018 and 2019 reallocates 12,200 mt of Aleut
Dated: January 30, 2018. harvest specifications for Bering Sea and Corporation’s DFA and 1,900 mt of
Samuel D. Rauch, III, Aleutian Islands (BSAI) groundfish, pollock CDQ DFA from the Aleutian
Deputy Assistant Administrator for unless otherwise modified or Islands subarea to the 2018 Bering Sea
Regulatory Programs, National Marine superseded through publication of a subarea allocations. The 1,900 mt of
Fisheries Service. notification in the Federal Register. pollock CDQ DFA is added to the 2018
[FR Doc. 2018–02162 Filed 2–2–18; 8:45 am] Bering Sea CDQ DFA. The remaining
FOR FURTHER INFORMATION CONTACT:
12,200 mt of pollock is apportioned to
BILLING CODE 3510–22–P Steve Whitney, 907–586–7228. the AFA Inshore sector (50 percent),
SUPPLEMENTARY INFORMATION: NMFS AFA catcher/processor sector (40
DEPARTMENT OF COMMERCE manages the groundfish fishery in the percent), and the AFA mothership
BSAI exclusive economic zone sector (10 percent). The 2018 Bering Sea
National Oceanic and Atmospheric according to the Fishery Management subarea pollock incidental catch
Administration Plan for Groundfish of the Bering Sea allowance remains at 47,888 mt. As a
and Aleutian Islands Management Area result, the 2018 harvest specifications
50 CFR Part 679 (FMP) prepared by the North Pacific for pollock in the Aleutian Islands
Fishery Management Council (Council) subarea included in the final 2017 and
[Docket No. 161020985–7181–02]
under authority of the Magnuson- 2018 harvest specifications for
RIN 0648–XF979 Stevens Fishery Conservation and groundfish in the BSAI (82 FR 11826,
Management Act. Regulations governing February 26, 2017) are revised as
Fisheries of the Exclusive Economic fishing by U.S. vessels in accordance follows: 2,500 mt to Aleut Corporation’s
Zone Off Alaska; Reallocation of with the FMP appear at subpart H of 50 DFA and 0 mt to CDQ DFA.
Pollock in the Bering Sea and Aleutian CFR part 600 and 50 CFR part 679. Furthermore, pursuant to § 679.20(a)(5),
Islands In the Aleutian Islands subarea, the Table 5 of the final 2017 and 2018
AGENCY: National Marine Fisheries portion of the 2018 pollock total harvest specifications for groundfish in
Service (NMFS), National Oceanic and allowable catch (TAC) allocated to the the BSAI (82 FR 11826, February 26,
Atmospheric Administration (NOAA), Aleut Corporation’s directed fishing 2017), as adjusted by the inseason
Commerce. allowance (DFA) is 14,700 metric tons adjustment (82 FR 60329, December 20,
ACTION: Temporary rule. (mt) and the Community Development 2017), is revised to make 2018 pollock
Quota (CDQ) DFA is 1,900 mt as allocations consistent with this
SUMMARY: NMFS is reallocating the established by the final 2017 and 2018 reallocation. This reallocation results in
projected unused amounts of the Aleut harvest specifications for groundfish in adjustments to the 2018 Aleut
Corporation’s and the Community the BSAI (82 FR 11826, February 26, Corporation and CDQ pollock
Development Quota pollock directed 2017), and as adjusted by an inseason allocations established at § 679.20(a)(5).
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
Area and sector 2018 B season 1
Allocations SCA harvest
A season DFA limit 2 B season DFA
Bering Sea subarea TAC 1 .............................................................................. 1,378,441 n/a n/a n/a
CDQ DFA ......................................................................................................... 138,334 62,250 38,734 76,084
ICA 1 ................................................................................................................. 47,888 n/a n/a n/a
Total Bering Sea non-CDQ DFA ..................................................................... 1,192,219 536,499 333,821 655,720
AFA Inshore ..................................................................................................... 596,109 268,249 166,911 327,860
AFA Catcher/Processors 3 ............................................................................... 476,888 214,599 133,529 262,288
Catch by C/Ps .......................................................................................... 436,352 196,358 n/a 239,994
Catch by CVs 3 ......................................................................................... 40,535 18,241 n/a 22,294
nshattuck on DSK9F9SC42PROD with RULES
Unlisted C/P Limit 4 ................................................................................... 2,384 1,073 n/a 1,311
AFA Motherships ............................................................................................. 119,222 53,650 33,382 65,572
Excessive Harvesting Limit 5 ............................................................................ 208,638 n/a n/a n/a
Excessive Processing Limit 6 ........................................................................... 357,666 n/a n/a n/a
Aleutian Islands subarea ABC ......................................................................... 40,788 n/a n/a n/a
Aleutian Islands subarea TAC 1 ....................................................................... 4,900 n/a n/a n/a
CDQ DFA ......................................................................................................... 0 0 n/a 0
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![Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations 5053
TABLE 5—FINAL 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2018 A season 1 2018
2018 B season 1
Area and sector Allocations A season DFA SCA harvest
limit 2 B season DFA
ICA ................................................................................................................... 2,400 1,200 n/a 1,200
Aleut Corporation ............................................................................................. 2,500 2,500 n/a 0
Area harvest limit 7 ........................................................................................... n/a n/a n/a n/a
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 ...................................................................................... 450 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) through (iii), the annual Aleutian Islands pollock TAC, after subtracting first
for the CDQ directed fishing allowance (10 percent) and second for 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 up 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 § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, 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 Pursuant to § 679.22(a)(7)(i)(B), the Bogoslof District is closed 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 only became available as of January 26, DEPARTMENT OF COMMERCE
This action responds to the best 2018.
National Oceanic and Atmospheric
available information recently obtained The AA also finds good cause to
Administration
from the fishery. The Assistant waive the 30-day delay in the effective
Administrator for Fisheries, NOAA date of this action under 5 U.S.C.
50 CFR Part 679
(AA), finds good cause to waive the 553(d)(3). This finding is based upon
requirement to provide prior notice and the reasons provided above for waiver of [Docket No. 160920866–7167–02]
opportunity for public comment prior notice and opportunity for public
pursuant to the authority set forth at 5 RIN 0648–XF941
comment.
U.S.C. 553(b)(B) as such requirement is
This action is required by § 679.20 Fisheries of the Exclusive Economic
impracticable and contrary to the public
and is exempt from review under Zone Off Alaska; Pacific Cod by Non-
interest. This requirement is
Executive Order 12866. American Fisheries Act Crab Vessels
impracticable and contrary to the public
Operating as Catcher Vessels Using
interest as it would prevent NMFS from Authority: 16 U.S.C. 1801 et seq.
Pot Gear in the Western Regulatory
responding to the most recent fisheries Dated: January 31, 2018. Area of the Gulf of Alaska
data in a timely fashion and would
Emily H. Menashes,
delay the reallocation of AI pollock. AGENCY: National Marine Fisheries
Since the pollock fishery opened Acting Director, Office of Sustainable Service (NMFS), National Oceanic and
January 20, 2018, it is important to Fisheries, National Marine Fisheries Service. Atmospheric Administration (NOAA),
immediately inform the industry as to [FR Doc. 2018–02235 Filed 2–2–18; 8:45 am] Commerce.
the final Bering Sea subarea pollock BILLING CODE 3510–22–P ACTION: Temporary rule; closure.
allocations. Immediate notification is
necessary to allow for the orderly SUMMARY: NMFS is prohibiting directed
conduct and efficient operation of this fishing for Pacific cod by non-American
fishery; allow the industry to plan for Fisheries Act (AFA) crab vessels that are
the fishing season and avoid potential subject to sideboard limits, and
nshattuck on DSK9F9SC42PROD with RULES
disruption to the fishing fleet as well as operating as catcher vessels (CVs) using
processors; and provide opportunity to pot gear, in the Western Regulatory Area
harvest increased seasonal pollock of the Gulf of Alaska (GOA). This action
allocations while value is optimum. is necessary to prevent exceeding the A
NMFS was unable to publish a notice season allowance of the 2018 Pacific
providing time for public comment cod sideboard limit established for non-
because the most recent, relevant data AFA crab vessels that are operating as
VerDate Sep<11>2014 15:20 Feb 02, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\05FER1.SGM 05FER1](https://thefederalregister.org/doc/83_FR_5076/page/2.svg)
Document Created: 2018-02-03 01:25:08
Document Modified: 2018-02-03 01:25:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), February 5, 2018, until the effective date of the final 2018 and 2019 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 | 83 FR 5052 | |
| RIN Number | 0648-XF97 |
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