83 FR 9235 - 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 43 (March 5, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 43 (March 5, 2018)
| Page Range | 9235-9236 | |
| FR Document | 2018-04389 |
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)] [Rules and Regulations] [Pages 9235-9236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04389] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG048 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 28, 2018, until 2400 hrs, A.l.t., December 31, 2018. 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 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8369, February 27, 2018) . As of February 27, 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 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8369, February 27, 2018) 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 4 of the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8369, February 27, 2018) 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 4--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 \1\ -------------------------------------------------------- Area and sector 2018 Allocations SCA harvest limit A season DFA \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 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 [[Page 9236]] 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 DFA (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), 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by AFA catcher vessels with catcher/processor sector endorsements delivering to listed catcher/processors, unless there is a C/P sector cooperative contract for the year. \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 February 25, 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: February 28, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-04389 Filed 2-28-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations 9235
need to reduce quota for the General ACTION: Temporary rule. the BSAI (83 FR 8369, February 27,
category later in the year and thus could 2018) .
affect later fishing opportunities. SUMMARY: NMFS is reallocating the
As of February 27, 2018, the
Therefore, the AA finds good cause projected unused amounts of the Aleut
Administrator, Alaska Region, NMFS,
under 5 U.S.C. 553(b)(B) to waive prior Corporation’s and the Community
(Regional Administrator) has
notice and the opportunity for public Development Quota pollock directed
determined that 12,200 mt of Aleut
comment. For all of the above reasons, fishing allowances from the Aleutian
Corporation’s DFA and 1,900 mt of
there also is good cause under 5 U.S.C. Islands subarea to the Bering Sea
pollock CDQ DFA in the Aleutian
553(d) to waive the 30-day delay in subarea directed fisheries. These actions
Islands subarea will not be harvested.
effectiveness. are necessary to provide opportunity for
Therefore, in accordance with
This action is being taken under harvest of the 2018 total allowable catch
§ 679.20(a)(5)(iii)(B)(4), NMFS
§§ 635.27(a)(9) and 635.28(a)(1), and is of pollock, consistent with the goals and
reallocates 12,200 mt of Aleut
exempt from review under Executive objectives of the Fishery Management
Corporation’s DFA and 1,900 mt of
Order 12866. Plan for Groundfish of the Bering Sea
pollock CDQ DFA from the Aleutian
and Aleutian Islands Management Area.
Authority: 16 U.S.C. 971 et seq. and 1801 Islands subarea to the 2018 Bering Sea
et seq. DATES: Effective 1200 hrs, Alaska local subarea allocations. The 1,900 mt of
time (A.l.t.), February 28, 2018, until pollock CDQ DFA is added to the 2018
Dated: February 28, 2018. 2400 hrs, A.l.t., December 31, 2018.
Jennifer M. Wallace, Bering Sea CDQ DFA. The remaining
FOR FURTHER INFORMATION CONTACT: 12,200 mt of pollock is apportioned to
Acting Director, Office of Sustainable Steve Whitney, 907–586–7228.
Fisheries, National Marine Fisheries Service. the AFA Inshore sector (50 percent),
SUPPLEMENTARY INFORMATION: NMFS AFA catcher/processor sector (40
[FR Doc. 2018–04397 Filed 2–28–18; 4:15 pm]
manages the groundfish fishery in the percent), and the AFA mothership
BILLING CODE 3510–22–P
BSAI exclusive economic zone sector (10 percent). The 2018 Bering Sea
according to the Fishery Management subarea pollock incidental catch
DEPARTMENT OF COMMERCE 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
National Oceanic and Atmospheric (FMP) prepared by the North Pacific for pollock in the Aleutian Islands
Administration Fishery Management Council (Council) subarea included in the final 2018 and
under authority of the Magnuson- 2019 harvest specifications for
50 CFR Part 679 Stevens Fishery Conservation and groundfish in the BSAI (83 FR 8369,
Management Act. Regulations governing February 27, 2018) are revised as
[Docket No. 170817779–8161–02] fishing by U.S. vessels in accordance follows: 2,500 mt to Aleut Corporation’s
with the FMP appear at subpart H of 50 DFA and 0 mt to CDQ DFA.
RIN 0648–XG048 Furthermore, pursuant to § 679.20(a)(5),
CFR part 600 and 50 CFR part 679.
Fisheries of the Exclusive Economic In the Aleutian Islands subarea, the Table 4 of the final 2018 and 2019
Zone Off Alaska; Reallocation of portion of the 2018 pollock total harvest specifications for groundfish in
Pollock in the Bering Sea and Aleutian allowable catch (TAC) allocated to the the BSAI (83 FR 8369, February 27,
Islands Aleut Corporation’s directed fishing 2018) is revised to make 2018 pollock
allowance (DFA) is 14,700 metric tons allocations consistent with this
AGENCY: National Marine Fisheries (mt) and the Community Development reallocation. This reallocation results in
Service (NMFS), National Oceanic and Quota (CDQ) DFA is 1,900 mt as adjustments to the 2018 Aleut
Atmospheric Administration (NOAA), established by the final 2018 and 2019 Corporation and CDQ pollock
Commerce. harvest specifications for groundfish in allocations established at § 679.20(a)(5).
TABLE 4—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 1
Area and sector 2018 Allocations
A season DFA SCA harvest 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
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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
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
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![9236 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations
TABLE 4—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 B season 1
Area and sector 2018 Allocations
A season DFA SCA harvest limit 2 B season DFA
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 DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleu-
tian 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), 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by AFA
catcher vessels with catcher/processor sector endorsements delivering to listed catcher/processors, unless there is a C/P sector cooperative con-
tract for the year.
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 The AA also finds good cause to DEPARTMENT OF COMMERCE
waive the 30-day delay in the effective
This action responds to the best date of this action under 5 U.S.C. National Oceanic and Atmospheric
available information recently obtained 553(d)(3). This finding is based upon Administration
from the fishery. The Assistant the reasons provided above for waiver of
Administrator for Fisheries, NOAA prior notice and opportunity for public 50 CFR Part 679
(AA), finds good cause to waive the
comment. [Docket No. 160920866–7167–02]
requirement to provide prior notice and
opportunity for public comment This action is required by § 679.20 RIN 0648–XF892
pursuant to the authority set forth at 5 and is exempt from review under
U.S.C. 553(b)(B) as such requirement is Executive Order 12866. Fisheries of the Exclusive Economic
impracticable and contrary to the public Authority: 16 U.S.C. 1801 et seq.
Zone Off Alaska; Pacific Cod by
interest. This requirement is Catcher Vessels Less Than 50 Feet
Dated: February 28, 2018. Length Overall Using Hook-and-Line
impracticable and contrary to the public
interest as it would prevent NMFS from Jennifer M. Wallace, Gear in the Central Regulatory Area of
responding to the most recent fisheries Acting Director, Office of Sustainable the Gulf of Alaska
data in a timely fashion and would Fisheries, National Marine Fisheries Service.
AGENCY: National Marine Fisheries
delay the reallocation of AI pollock. [FR Doc. 2018–04389 Filed 2–28–18; 4:15 pm] Service (NMFS), National Oceanic and
Since the pollock fishery opened BILLING CODE 3510–22–P Atmospheric Administration (NOAA),
January 20, 2018, it is important to Commerce.
immediately inform the industry as to ACTION: Temporary rule; closure.
the final Bering Sea subarea pollock
allocations. Immediate notification is SUMMARY: NMFS is prohibiting directed
necessary to allow for the orderly fishing for Pacific cod by catcher vessels
conduct and efficient operation of this less than 50 feet length overall (LOA)
fishery; allow the industry to plan for using hook-and-line gear in the Central
the fishing season and avoid potential Regulatory Area of the Gulf of Alaska
disruption to the fishing fleet as well as (GOA). This action is necessary to
processors; and provide opportunity to prevent exceeding the A season
sradovich on DSK3GMQ082PROD with RULES
harvest increased seasonal pollock allowance of the 2018 Pacific cod total
allocations while value is optimum. allowable catch apportioned to catcher
NMFS was unable to publish a notice vessels less than 50 feet LOA using
providing time for public comment hook-and-line gear in the Central
because the most recent, relevant data Regulatory Area of the GOA.
only became available as of February 25, DATES: Effective 1200 hours, Alaska
2018. local time (A.l.t.), March 2, 2018,
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Document Created: 2018-03-03 02:45:32
Document Modified: 2018-03-03 02:45:32
| 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 28, 2018, until 2400 hrs, A.l.t., December 31, 2018. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 83 FR 9235 | |
| RIN Number | 0648-XG04 |
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