Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 51961-51962 [2015-21144]

Download as PDF Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations rmajette on DSK2VPTVN1PROD with RULES BFT. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional retention limit adjustment or closure is necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. Closures or subsequent adjustments to the daily retention limits, if any, will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281–9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons. The regulations implementing the 2006 Consolidated HMS FMP, as amended, provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Based on available BFT quotas, fishery performance in recent years, the availability of BFT on the fishing grounds, among other considerations, adjustment to the General category BFT daily retention limit from the default level is warranted. Analysis of available data shows that adjustment to the BFT daily retention limit from the default level would result in minimal risks of exceeding the ICCAT-allocated quota. NMFS provides notification of retention limit adjustments by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov. Delays in increasing these retention limits would adversely affect those General and Charter/Headboat category vessels that would otherwise have an opportunity to harvest more than the default retention limit of one BFT per day/trip and may exacerbate the problem of low catch rates and quota rollovers. Limited opportunities to VerDate Sep<11>2014 14:03 Aug 26, 2015 Jkt 235001 harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the 2006 Consolidated HMS FMP, as amended. Adjustment of the retention limit needs to be effective September 1, 2015, or as soon as possible thereafter, to minimize any unnecessary disruption in fishing patterns, to allow the impacted sectors to benefit from the adjustment, and to not preclude fishing opportunities for fishermen in geographic areas with access to the fishery only during this time period. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For these reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under § 635.23(a)(4) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: August 24, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–21251 Filed 8–24–15; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887–5172–02] RIN 0648–XE143 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. AGENCY: NMFS is reallocating the projected unused amounts of the Aleut Corporation’s pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. This action is necessary to provide opportunity for harvest of the 2015 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. SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 51961 Effective 1200 hrs, Alaska local time (A.l.t.), August 27, 2015, until 2400 hrs, A.l.t., December 31, 2015. DATES: FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. 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 MagnusonStevens 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 2015 pollock total allowable catch (TAC) allocated to the Aleut Corporation’s directed fishing allowance (DFA) is 12,146 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), and through reallocation (80 FR 15695, March 25, 2015). As of August 19, 2015, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 10,000 metric tons (mt) of Aleut Corporation’s DFA will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 10,000 mt of Aleut Corporation’s DFA from the Aleutian Islands subarea to the 2015 Bering Sea subarea allocations. The 10,000 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 2015 Bering Sea pollock incidental catch allowance remains at 47,160 mt. As a result, the harvest specifications for pollock in the Aleutian Islands subarea included in the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), and revised (80 FR 15695, March 25, 2015), are further revised as follows: 2,146 mt to Aleut Corporation’s DFA. Furthermore, pursuant to § 679.20(a)(5), Table 4 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), and revised (80 FR 15695, March 25, 2015), is further revised as follows to make 2015 pollock allocations consistent with this reallocation. This reallocation results in an adjustment to the 2015 Aleut Corporation allocation established at § 679.20(a)(5). SUPPLEMENTARY INFORMATION: E:\FR\FM\27AUR1.SGM 27AUR1 51962 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations TABLE 4—FINAL 2015 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 [Amounts are in metric tons] 2015 A season 1 2015 Allocations Area and sector Bering Sea subarea TAC 1 .............................................................................. CDQ DFA ......................................................................................................... ICA 1 ................................................................................................................. AFA Inshore ..................................................................................................... AFA Catcher/Processors 3 ............................................................................... Catch by C/Ps .......................................................................................... Catch by CVs 3 ......................................................................................... Unlisted C/P Limit 4 ................................................................................... AFA Motherships ............................................................................................. Excessive Harvesting Limit 5 ............................................................................ Excessive Processing Limit 6 ........................................................................... Total Bering Sea DFA ..................................................................................... Aleutian Islands subarea ABC ......................................................................... Aleutian Islands subarea TAC 1 ....................................................................... CDQ DFA ......................................................................................................... ICA ................................................................................................................... Aleut Corporation ............................................................................................. Area harvest limit 541 ............................................................................................................ 542 ............................................................................................................ 543 ............................................................................................................ Bogoslof District ICA 7 ...................................................................................... A season DFA 2015 B season 1 SCA harvest limit 2 B season DFA 1,324,454 132,900 47,160 572,197 457,758 418,848 38,909 2,289 114,439 200,269 343,318 1,144,394 29,659 4,546 0 2,400 2,146 n/a 53,160 n/a 228,879 183,103 167,539 15,564 916 45,776 n/a n/a 457,758 n/a n/a 0 1,200 2,146 n/a 37,212 n/a 160,215 128,172 n/a n/a n/a 32,043 n/a n/a 320,430 n/a n/a n/a n/a n/a n/a 79,740 n/a 343,318 274,655 251,309 23,346 1,373 68,664 n/a n/a 686,636 n/a n/a 0 1,200 0 8,898 4,449 1,483 100 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 1 Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (4.0 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 BS subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June 10–November 1). 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 (2,400 mt), is allocated to the Aleut Corporation for a pollock directed 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 pollock directed fishery. 2 In the BS subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before 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 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC. 8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector. Note: Seasonal or sector apportionments may not total precisely due to rounding. rmajette on DSK2VPTVN1PROD 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 delay the reallocation of AI pollock. VerDate Sep<11>2014 14:03 Aug 26, 2015 Jkt 235001 Since the pollock fishery is currently open, it is important to immediately inform the industry as to the final Bering Sea subarea pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors; and provide opportunity to harvest increased seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 19, 2015. PO 00000 Frm 00028 Fmt 4700 Sfmt 9990 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: August 21, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–21144 Filed 8–26–15; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\27AUR1.SGM 27AUR1

Agencies

[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51961-51962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21144]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE143


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 pollock directed fishing allowance from the Aleutian 
Islands subarea to the Bering Sea subarea directed fisheries. This 
action is necessary to provide opportunity for harvest of the 2015 
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.), August 27, 2015, 
until 2400 hrs, A.l.t., December 31, 2015.

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 2015 pollock 
total allowable catch (TAC) allocated to the Aleut Corporation's 
directed fishing allowance (DFA) is 12,146 metric tons (mt) as 
established by the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015), and through 
reallocation (80 FR 15695, March 25, 2015).
    As of August 19, 2015, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 10,000 metric tons (mt) of 
Aleut Corporation's DFA will not be harvested. Therefore, in accordance 
with Sec.  679.20(a)(5)(iii)(B)(4), NMFS reallocates 10,000 mt of Aleut 
Corporation's DFA from the Aleutian Islands subarea to the 2015 Bering 
Sea subarea allocations. The 10,000 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 2015 Bering 
Sea pollock incidental catch allowance remains at 47,160 mt. As a 
result, the harvest specifications for pollock in the Aleutian Islands 
subarea included in the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015), and revised (80 FR 
15695, March 25, 2015), are further revised as follows: 2,146 mt to 
Aleut Corporation's DFA. Furthermore, pursuant to Sec.  679.20(a)(5), 
Table 4 of the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015), and revised (80 FR 
15695, March 25, 2015), is further revised as follows to make 2015 
pollock allocations consistent with this reallocation. This 
reallocation results in an adjustment to the 2015 Aleut Corporation 
allocation established at Sec.  679.20(a)(5).

[[Page 51962]]



    Table 4--Final 2015 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2015 A season \1\         2015 B season
                                                       2015      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,324,454             n/a             n/a             n/a
CDQ DFA.........................................         132,900          53,160          37,212          79,740
ICA \1\.........................................          47,160             n/a             n/a             n/a
AFA Inshore.....................................         572,197         228,879         160,215         343,318
AFA Catcher/Processors \3\......................         457,758         183,103         128,172         274,655
    Catch by C/Ps...............................         418,848         167,539             n/a         251,309
    Catch by CVs \3\............................          38,909          15,564             n/a          23,346
    Unlisted C/P Limit \4\......................           2,289             916             n/a           1,373
AFA Motherships.................................         114,439          45,776          32,043          68,664
Excessive Harvesting Limit \5\..................         200,269             n/a             n/a             n/a
Excessive Processing Limit \6\..................         343,318             n/a             n/a             n/a
Total Bering Sea DFA............................       1,144,394         457,758         320,430         686,636
Aleutian Islands subarea ABC....................          29,659             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           4,546             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................           2,146           2,146             n/a               0
Area harvest limit
    541.........................................           8,898             n/a             n/a             n/a
    542.........................................           4,449             n/a             n/a             n/a
    543.........................................           1,483             n/a             n/a             n/a
Bogoslof District ICA \7\.......................             100             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent)
  and the ICA (4.0 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 BS subarea, 40 percent of the DFA is
  allocated to the A season (January 20-June 10) and 60 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) and (ii), the annual AI pollock TAC, after
  subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is
  allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is
  allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
\2\ In the BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before
  April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
  processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/
  processors.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
  of the Aleutian Islands pollock ABC.
\8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The
  amounts specified are for ICA only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the reallocation of AI pollock. Since the pollock fishery 
is currently open, it is important to immediately inform the industry 
as to the final Bering Sea subarea pollock allocations. Immediate 
notification is necessary to allow for the orderly conduct and 
efficient operation of this fishery; allow the industry to plan for the 
fishing season and avoid potential disruption to the fishing fleet as 
well as processors; and provide opportunity to harvest increased 
seasonal pollock allocations while value is optimum. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of August 19, 2015.
    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: August 21, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-21144 Filed 8-26-15; 8:45 am]
 BILLING CODE 3510-22-P