Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 52494-52495 [07-4587]

Download as PDF rmajette on PROD1PC64 with RULES 52494 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2007 Pacific cod TAC in the BSAI is 170,720 metric tons (mt) as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007). Pursuant to § 679.20(a)(7)(i), the allocations of the Pacific cod TAC are 240 mt to catcher vessels using hookand-line gear, 64,030 mt to catcher processor vessels using hook-and-line gear, 2,641 mt to catcher processor vessels using pot gear, 12,006 mt to catcher vessels using pot gear, 37,110 mt to catcher processors using trawl gear, and 37,110 mt to catcher vessels using trawl gear. The allocation to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear is 2,853 mt and to vessels using jig gear is 1,426 mt after two reallocations (72 FR 10428, March 8, 2007 and 72 FR 18595, April 13, 2007). As of September 5, 2007, the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that catcher vessels using trawl gear will not be able to harvest 3,000 mt of the allocation under § 679.20(a)(7)(i)(B). Therefore, in accordance with § 679.20(a)(7)(ii)(C)(2), NMFS apportions 2,850 mt of Pacific cod from catcher vessels using trawl gear to catcher processor vessels using hook-and-line gear, 27 mt of Pacific cod to catcher processor vessels using pot gear, and 123 mt of Pacific cod to catcher 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. Therefore, in accordance with § 679.20(a)(7)(ii)(C)(1), NMFS is reallocating 75 mt of Pacific cod to catcher vessels less than 60 feet (18.3 m) length overall (LOA) using hook-andline or pot gear. The Regional Administrator has determined that catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear will not be able to harvest the remaining amount of the available reallocation. Therefore, in accordance with § 679.20(a)(7)(ii)(B), NMFS is reallocating the unused amount of 1,225 mt of Pacific cod allocated to vessels using jig gear to catcher processor vessels using hook-and-line gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007) and adjustments (72 FR 10428, March 8, 2007 and 72 FR 18595, April 13, 2007) are revised as follows: 126 mt to vessels using jig gear, 68,105 mt to catcher processor vessels using hook-and-line VerDate Aug<31>2005 14:52 Sep 13, 2007 Jkt 211001 gear, 12,129 mt to catcher vessels using pot gear, 2,668 mt to catcher processor vessels using pot gear, 34,110 mt to catcher vessels using trawl gear, and 2,928 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA) finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such a requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of projected unused amounts of 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 September 5, 2007. 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: September 11, 2007. Alan D. Risenhoover Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7–18174 Filed 9–13–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01] RIN 0648–XC54 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. AGENCY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 ACTION: Temporary rule; reallocation. SUMMARY: NMFS is reallocating the projected unused amounts of the 2007 pollock incidental catch allowance (ICA) to the directed fisheries in the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2007 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 September 13, 2007, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2007. 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 Bering Sea subarea, the portion of the 2007 pollock TAC allocated to the ICA is 35,129 mt as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007). As of September 6, 2007, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that the ICA has been set too high: 2,000 mt of the 2007 pollock ICA in the Bering Sea subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(i)(A)(1), NMFS reallocates 2,000 mt of the 2007 pollock ICA to the directed fisheries in the Bering Sea subarea. As a result, in accordance with § 679.20(a)(5)(i)(A)(3), (4), and (5), the 2007 harvest specifications for pollock in the Bering Sea subarea included in the harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007) are revised as follows: 33,129 to the pollock ICA, 366,841 to B season AFA catcher vessels harvesting pollock for processing by AFA inshore processors, 293,473 mt to B season AFA catcher processors and AFA catcher vessels delivering pollock to catcher processors, and 73,368 mt to B season AFA catcher vessels harvesting pollock for processing by AFA motherships. Furthermore, pursuant to § 679.20(a)(5)(i), Table 3 of the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, E:\FR\FM\14SER1.SGM 14SER1 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations March 2, 2007) is revised for 2007 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2007 pollock ICA and directed fisheries in the Bering Sea 52495 subarea established at § 679.20(a)(5)(i)(A). TABLE 3.—2007 AND 2008 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 [Amounts are in metric tons] 2007 A season 1 2007 Allocations Area and sector Bering Sea subarea ......................... CDQ DFA .................................. ICA ............................................ AFA Inshore .............................. AFA Catcher/Processors 3 ........ Catch by C/Ps ................... Catch by CVs 3 .................. Unlisted C/P Limit 4 ..... AFA Mothership ............................... Excessive Harvesting Limit 5 ............ Excessive Processing Limit 6 ........... Total Bering Sea DFA ...................... Aleutian Islands subarea 1 ............... CDQ DFA .................................. ICA ............................................ Aleut Corporation ...................... Bogoslof District ICA 7 ...................... 1,394,000 139,400 33,129 609,736 487,788 446,326 41,462 2,439 121,947 213,407 365,841 1,358,871 19,000 1,900 1,600 15,500 10 A season DFA n/a 55,760 n/a 243,894 195,115 178,531 16,585 976 48,779 n/a n/a 543,548 n/a 760 800 15,500 n/a SCA harvest limit 2 2007 B season 1 B season DFA n/a 39,032 n/a 107,726 136,581 n/a n/a n/a 34,145 n/a n/a 380,484 n/a n/a n/a n/a n/a 2008 A season 1 2008 Allocations n/a 83,640 n/a 366,841 293,473 267,796 24,877 1,463 73,368 n/a n/a 817,322 n/a 1,140 800 0 n/a 1,318,000 131,800 33,214 576,493 461,195 421,993 39,202 2,306 115,299 201,773 345,896 1,284,787 19,000 1,900 1,600 15,500 10 A season DFA n/a 52,720 n/a 230,597 184,478 168,797 15,681 922 46,119 n/a n/a 513,914 n/a 760 800 15,500 n/a SCA harvest limit 2 n/a 36,904 n/a 161,418 129,134 n/a n/a n/a 32,284 n/a n/a 359,740 n/a n/a n/a n/a n/a 2008 B season 1 B season DFA n/a 79,080 n/a 345,896 276,717 253,196 23,521 1,384 69,179 n/a n/a 770,872 n/a 1,140 800 0 n/a 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. rmajette on PROD1PC64 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 14:52 Sep 13, 2007 Jkt 211001 delay the reallocation of pollock in the Bering Sea subarea. 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 00029 Fmt 4700 Sfmt 4700 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: September 11, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–4587 Filed 9–13–07; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\14SER1.SGM 14SER1

Agencies

[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Pages 52494-52495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4587]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XC54

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 2007
pollock incidental catch allowance (ICA) to the directed fisheries in
the Bering Sea subarea. This action is necessary to provide opportunity
for harvest of the 2007 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 September 13, 2007, through 2400 hrs, Alaska local
time (A.l.t.), December 31, 2007.

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 Bering Sea subarea, the portion of the 2007 pollock TAC
allocated to the ICA is 35,129 mt as established by the 2007 and 2008
final harvest specifications for groundfish in the BSAI (72 FR 9451,
March 2, 2007).
As of September 6, 2007, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that the ICA has been set too
high: 2,000 mt of the 2007 pollock ICA in the Bering Sea subarea will
not be harvested. Therefore, in accordance with Sec.
679.20(a)(5)(i)(A)(1), NMFS reallocates 2,000 mt of the 2007 pollock
ICA to the directed fisheries in the Bering Sea subarea.
As a result, in accordance with Sec. 679.20(a)(5)(i)(A)(3), (4),
and (5), the 2007 harvest specifications for pollock in the Bering Sea
subarea included in the harvest specifications for groundfish in the
BSAI (72 FR 9451, March 2, 2007) are revised as follows: 33,129 to the
pollock ICA, 366,841 to B season AFA catcher vessels harvesting pollock
for processing by AFA inshore processors, 293,473 mt to B season AFA
catcher processors and AFA catcher vessels delivering pollock to
catcher processors, and 73,368 mt to B season AFA catcher vessels
harvesting pollock for processing by AFA motherships. Furthermore,
pursuant to Sec. 679.20(a)(5)(i), Table 3 of the 2007 and 2008 final
harvest specifications for groundfish in the BSAI (72 FR 9451,

[[Page 52495]]

March 2, 2007) is revised for 2007 pollock allocations consistent with
this reallocation. This reallocation results in adjustments to the 2007
pollock ICA and directed fisheries in the Bering Sea subarea
established at Sec. 679.20(a)(5)(i)(A).

Table 3.--2007 and 2008 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2007 A season \1\ 2007 B 2008 A season \1\ 2008 B
---------------------- season ---------------------- season
2007 \1\ 2008 \1\
Area and sector Allocations A season SCA ----------- Allocations A season SCA ----------
DFA harvest B season DFA harvest B season
limit \2\ DFA limit \2\ DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea.................................... 1,394,000 n/a n/a n/a 1,318,000 n/a n/a n/a
CDQ DFA........................................... 139,400 55,760 39,032 83,640 131,800 52,720 36,904 79,080
ICA............................................... 33,129 n/a n/a n/a 33,214 n/a n/a n/a
AFA Inshore....................................... 609,736 243,894 107,726 366,841 576,493 230,597 161,418 345,896
AFA Catcher/Processors \3\........................ 487,788 195,115 136,581 293,473 461,195 184,478 129,134 276,717
Catch by C/Ps................................. 446,326 178,531 n/a 267,796 421,993 168,797 n/a 253,196
Catch by CVs \3\.............................. 41,462 16,585 n/a 24,877 39,202 15,681 n/a 23,521
Unlisted C/P Limit \4\.................... 2,439 976 n/a 1,463 2,306 922 n/a 1,384
AFA Mothership........................................ 121,947 48,779 34,145 73,368 115,299 46,119 32,284 69,179
Excessive Harvesting Limit \5\........................ 213,407 n/a n/a n/a 201,773 n/a n/a n/a
Excessive Processing Limit \6\........................ 365,841 n/a n/a n/a 345,896 n/a n/a n/a
Total Bering Sea DFA.................................. 1,358,871 543,548 380,484 817,322 1,284,787 513,914 359,740 770,872
Aleutian Islands subarea \1\.......................... 19,000 n/a n/a n/a 19,000 n/a n/a n/a
CDQ DFA........................................... 1,900 760 n/a 1,140 1,900 760 n/a 1,140
ICA............................................... 1,600 800 n/a 800 1,600 800 n/a 800
Aleut Corporation................................. 15,500 15,500 n/a 0 15,500 15,500 n/a 0
Bogoslof District ICA \7\............................. 10 n/a n/a n/a 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.

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 pollock in the Bering Sea subarea.
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: September 11, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 07-4587 Filed 9-13-07; 8:45 am]
BILLING CODE 3510-22-P

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