Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 59407-59409 [E6-16674]

Download as PDF Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Rules and Regulations mt and to vessels using jig gear is 1,514 mt after three reallocations (71 FR 14825, March 24, 2006, 71 FR 25508 May 1, 2006, and 71 FR 44230, August 4, 2006). As of October 02, 2006, the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that catcher processors using trawl gear will not be able to harvest 5,406 mt and catcher vessels using trawl gear will not be able to harvest 7,427 mt of Pacific cod allocated to those vessels under § 679.20(a)(7)(i)(B). Therefore, in accordance with § 679.20(a)(7)(ii)(C)(2), NMFS apportions 12,833 mt of Pacific cod from trawl gear to catcher processor vessels using hook-and-line gear and vessels using pot gear. The Regional Administrator has also determined that vessels using jig gear will not harvest 1,300 mt of their Pacific cod allocation by the end of the year. Also, catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear will not be able to harvest any additional Pacific cod. Therefore, in accordance with § 679.20(a)(7)(ii)(C)(1) and § 679.20(a)(7)(ii)(B), NMFS is reallocating the unused amount of 1,300 mt of Pacific cod allocated to vessels using jig gear to catcher processor vessels using hook-and-line gear and vessels using pot gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) and adjustments (71 FR 13777, March 17, 2006 and 71 FR 55347, September 22, 2006) are revised as follows: 214 mt to vessels using jig gear, 84,709 mt to catcher processor vessels using hookand-line gear, 13,880 mt to catcher vessels using pot gear, 3,053 mt to catcher processor vessels using pot gear, 35,845 mt to catcher processor vessels using trawl gear, and 33,824 mt to catcher vessels using trawl gear. Classification jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 15:57 Oct 06, 2006 Jkt 211001 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 Pacific cod in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 2, 2006. 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 03, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6–16675 Filed 10–6–06; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045–6045–01; I.D. 100306D] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut Corporation’s pollock directed fishing allowance (DFA) and the Aleutian Islands pollock incidental catch allowance (ICA) from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2006 total allowable catch (TAC) of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 59407 Bering Sea and Aleutian Islands Management Area (FMP). DATES: Effective October 6, 2006, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands Management Area (BSAI) according to the 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. In the Aleutian Islands subarea, the portion of the 2006 pollock TAC allocated to the Aleut Corporation’s DFA is 5,500 metric tons (mt) and the ICA is 1,800 mt as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) and the reallocation on March 3, 2006 (71 FR 11541, March 8, 2006) and on August 16, 2006 (71 FR 48483, August 21, 2006). As of October 2, 2006, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 4,603 mt of Aleut Corporation’s DFA and 700 mt of ICA pollock in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS proportionally reallocates 4,603 mt of Aleut Corporation’s DFA and 700 mt of ICA pollock from the Aleutian Islands subarea to the 2006 Bering Sea subarea B season allocations. As a result, the harvest specifications for pollock in the Aleutian Islands subarea included in the harvest specifications for groundfish in the BSAI (71 FR 48483, August 21, 2006) are revised as follows: 897 mt to Aleut Corporation’s DFA and 1,100 mt to ICA pollock. Furthermore, pursuant to § 679.20(a)(5), Tables 3 and 10 of the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 48483, August 21, 2006) are revised for 2006 pollock allocations consistent with this reallocation. This reallocation results in proportional adjustments to the 2006 B season Aleut Corporation and ICA pollock allocations established at § 679.20(a)(5). E:\FR\FM\10OCR1.SGM 10OCR1 59408 Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Rules and Regulations TABLE 3 – 2006 AND 2007 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)1 [Amounts are in metric tons] 2006 A season1 Area and sector 2006 B season1 2006 Allocations SCA harvest limit2 A season DFA Bering Sea subarea CDQ DFA ICA AFA Inshore AFA Catcher/Processors3 Catch by C/Ps Catch by CVs3 Unlisted C/P Limit4 AFA Motherships Excessive Harvesting Limit5 Excessive Processing Limit6 Total Bering Sea DFA B season DFA 1,502,003 150,400 30,967 660,318 528,254 483,353 44,902 2,641 132,064 231,111 396,191 1,471,636 n/a 60,160 n/a 261,148 208,918 191,160 17,758 1,045 52,230 n/a n/a 582,456 n/a 41,793 n/a 181,626 145,301 n/a n/a n/a 36,325 n/a n/a 405,045 n/a 90,240 n/a 399,170 319,336 292,193 27,144 1,597 79,834 n/a n/a 888,580 1,997 0 1,100 897 n/a n/a 400 359 n/a n/a n/a n/a n/a 0 600 538 10 n/a n/a n/a Aleutian Islands subarea1 CDQ DFA ICA Aleut Corporation Bogoslof District ICA7 1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA - 10 percent and the ICA - 3.35 percent, is allocated as a DFA as follows: inshore component - 50 percent, catcher/processor component - 40 percent, and mothership component - 10 percent. In the Bering Sea subarea, the A season, January 20 - June 10, is allocated 40 percent of the DFA and the B season, June 10 - November 1, is allocated 60 percent of the DFA. Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance - 10 percent and second the ICA - 1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after 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 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 pollock DFAs. 7 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. TABLE 10 – 2006 AND 2007 BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS [Amounts are in metric tons] Sum of member vessel’s official catch histories 1(mt) Percentage of inshore sector allocation 2006 Annual cooperative allocation (mt) 2007 Annual cooperative allocation (mt) 31,145 31.145 205,656 203,186 Arctic Enterprise Association 1,146 1.146 7,566 7,476 Northern Victor Fleet Cooperative 8,412 8.412 55,548 54,879 Peter Pan Fleet Cooperative 2,876 2.876 18,992 18,763 Unalaska Cooperative 12,191 12.191 80,497 79,533 UniSea Fleet Cooperative 25,324 25.324 167,220 165,211 Westward Fleet Cooperative 18,906 18.906 124,838 123,340 0 0 0 0 875,572 100 660,318 652,388 Cooperative name and member vessels Akutan Catcher Vessel Association jlentini on PROD1PC65 with RULES Open access AFA vessels Total inshore allocation 1According to regulations at § 679.62(e)(1), the individual catch history for each vessel is equal to the vessel’s best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to catcher/processors for vessels that made 500 or more mt of landings to catcher/ processors from 1995 through 1997. VerDate Aug<31>2005 16:29 Oct 06, 2006 Jkt 211001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\10OCR1.SGM 10OCR1 Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Rules and Regulations jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 16:29 Oct 06, 2006 Jkt 211001 delay the reallocation of BSAI 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 B season pollock allocations while value is optimum. The AA also finds good cause to waive the 30–day delay in the effective PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 59409 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 3, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6–16674 Filed 10–6–06; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\10OCR1.SGM 10OCR1

Agencies

[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Rules and Regulations]
[Pages 59407-59409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 100306D]


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.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut 
Corporation's pollock directed fishing allowance (DFA) and the Aleutian 
Islands pollock incidental catch allowance (ICA) from the Aleutian 
Islands subarea to the Bering Sea subarea directed fisheries. These 
actions are necessary to provide opportunity for harvest of the 2006 
total allowable catch (TAC) of pollock, consistent with the goals and 
objectives of the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area (FMP).

DATES: Effective October 6, 2006, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2006.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands Management Area (BSAI) according to the 
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.
    In the Aleutian Islands subarea, the portion of the 2006 pollock 
TAC allocated to the Aleut Corporation's DFA is 5,500 metric tons (mt) 
and the ICA is 1,800 mt as established by the 2006 and 2007 final 
harvest specifications for groundfish in the BSAI (71 FR 10894, March 
3, 2006) and the reallocation on March 3, 2006 (71 FR 11541, March 8, 
2006) and on August 16, 2006 (71 FR 48483, August 21, 2006).
    As of October 2, 2006, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 4,603 mt of Aleut 
Corporation's DFA and 700 mt of ICA pollock in the Aleutian Islands 
subarea will not be harvested. Therefore, in accordance with Sec.  
679.20(a)(5)(iii)(B)(4), NMFS proportionally reallocates 4,603 mt of 
Aleut Corporation's DFA and 700 mt of ICA pollock from the Aleutian 
Islands subarea to the 2006 Bering Sea subarea B season allocations.
    As a result, the harvest specifications for pollock in the Aleutian 
Islands subarea included in the harvest specifications for groundfish 
in the BSAI (71 FR 48483, August 21, 2006) are revised as follows: 897 
mt to Aleut Corporation's DFA and 1,100 mt to ICA pollock. Furthermore, 
pursuant to Sec.  679.20(a)(5), Tables 3 and 10 of the 2006 and 2007 
final harvest specifications for groundfish in the BSAI (71 FR 48483, 
August 21, 2006) are revised for 2006 pollock allocations consistent 
with this reallocation. This reallocation results in proportional 
adjustments to the 2006 B season Aleut Corporation and ICA pollock 
allocations established at Sec.  679.20(a)(5).

[[Page 59408]]



   TABLE 3 - 2006 AND 2007 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED
  POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)\1\
                      [Amounts are in metric tons]
------------------------------------------------------------------------
                                            2006 A season\1\     2006 B
                                          -------------------- season\1\
       Area and sector            2006                  SCA   ----------
                              Allocations  A season   harvest   B season
                                              DFA    limit\2\     DFA
------------------------------------------------------------------------
Bering Sea subarea            1,502,003    n/a       n/a       n/a
  CDQ DFA                     150,400      60,160    41,793    90,240
  ICA                         30,967       n/a       n/a       n/a
  AFA Inshore                 660,318      261,148   181,626   399,170
  AFA Catcher/Processors\3\   528,254      208,918   145,301   319,336
   Catch by C/Ps              483,353      191,160   n/a       292,193
   Catch by CVs\3\            44,902       17,758    n/a       27,144
   Unlisted C/P Limit\4\      2,641        1,045     n/a       1,597
AFA Motherships               132,064      52,230    36,325    79,834
Excessive Harvesting          231,111      n/a       n/a       n/a
 Limit\5\
Excessive Processing          396,191      n/a       n/a       n/a
 Limit\6\
Total Bering Sea DFA          1,471,636    582,456   405,045   888,580
------------------------------------------------------------------------
Aleutian Islands subarea\1\   1,997        n/a       n/a       n/a
  CDQ DFA                     0            n/a       n/a       0
  ICA                         1,100        400       n/a       600
  Aleut Corporation           897          359       n/a       538
------------------------------------------------------------------------
Bogoslof District ICA\7\      10           n/a       n/a       n/a
------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea
  pollock, after subtraction for the CDQ DFA - 10 percent and the ICA -
  3.35 percent, is allocated as a DFA as follows: inshore component - 50
  percent, catcher/processor component - 40 percent, and mothership
  component - 10 percent. In the Bering Sea subarea, the A season,
  January 20 - June 10, is allocated 40 percent of the DFA and the B
  season, June 10 - November 1, is allocated 60 percent of the DFA.
  Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI
  pollock TAC, after subtracting first for the CDQ directed fishing
  allowance - 10 percent and second the ICA - 1,800 mt, is allocated to
  the Aleut Corporation for a directed pollock fishery. In the AI
  subarea, the A season is allocated 40 percent of the ABC and the B
  season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before April 1. The remaining 12
  percent of the annual DFA allocated to the A season may be taken
  outside of SCA before April 1 or inside the SCA after April 1. If 28
  percent of the annual DFA is not taken inside the SCA before April 1,
  the remainder is available to be taken inside the SCA after 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 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 pollock DFAs.
\7\ 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.


                   TABLE 10 - 2006 AND 2007 BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                       Sum of member
                                         vessel's        Percentage of        2006 Annual         2007 Annual
Cooperative name and member vessels   official catch     inshore sector       cooperative         cooperative
                                         histories         allocation       allocation (mt)     allocation (mt)
                                          \1\(mt)
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association    31,145            31.145             205,656             203,186
------------------------------------                  ----------------------------------------------------------
Arctic Enterprise Association        1,146             1.146              7,566               7,476
------------------------------------                  ----------------------------------------------------------
Northern Victor Fleet Cooperative    8,412             8.412              55,548              54,879
------------------------------------                  ----------------------------------------------------------
Peter Pan Fleet Cooperative          2,876             2.876              18,992              18,763
------------------------------------                  ----------------------------------------------------------
Unalaska Cooperative                 12,191            12.191             80,497              79,533
------------------------------------                  ----------------------------------------------------------
UniSea Fleet Cooperative             25,324            25.324             167,220             165,211
------------------------------------                  ----------------------------------------------------------
Westward Fleet Cooperative           18,906            18.906             124,838             123,340
------------------------------------                  ----------------------------------------------------------
Open access AFA vessels              0                 0                  0                   0
----------------------------------------------------------------------------------------------------------------
Total inshore allocation             875,572           100                660,318             652,388
----------------------------------------------------------------------------------------------------------------
\1\According to regulations at Sec.   679.62(e)(1), the individual catch history for each vessel is equal to the
  vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to catcher/
  processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through 1997.


[[Page 59409]]

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 BSAI 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 B 
season pollock allocations while value is optimum.
    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: October 3, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-16674 Filed 10-6-06; 8:45 am]
BILLING CODE 3510-22-S
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