Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 12750-12752 [2017-04435]

Download as PDF 12750 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management 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. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680. NMFS closed directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA under § 679.20(d)(1)(iii) on January 1, 2017 pursuant to the final 2017 and 2018 harvest specifications for groundfish of the Gulf of Alaska (82 FR 12032, February 27, 2017). NMFS has determined that as of March 1, 2017, approximately 200 metric tons of Pacific cod remain in the A season allowance of the 2017 Pacific cod apportionment for catcher/ processors using trawl gear in the Western Regulatory Area of the GOA. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2017 total allowable catch (TAC) of Pacific cod in the Western Regulatory Area of the GOA, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA. The Administrator, Alaska Region, NMFS, (Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of Pacific cod by catcher/ processors using trawl gear in the Western Regulatory Area of the GOA and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery. Classification This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and VerDate Sep<11>2014 13:51 Mar 06, 2017 Jkt 241001 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 opening of directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 1, 2017. 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. Without this inseason adjustment, NMFS could not allow the fishery for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until March 17, 2017. This action is required by § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 2, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–04446 Filed 3–2–17; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985–7181–02] RIN 0648–XF262 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: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 NMFS is reallocating the projected unused amounts of the Aleut Corporation’s pollock and the Community Development Quota directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2017 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.), March 7, 2017, until 2400 hrs, A.l.t., December 31, 2017. 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 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 2017 pollock total allowable catch (TAC) allocated to the Aleut Corporation’s is 14,700 metric tons (mt) and the Community Development Quota (CDQ) directed fishing allowance (DFA) is 1,900 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). As of March 1, 2017, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 9,000 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 § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 9,000 mt of Aleut Corporation’s DFA and 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2017 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2017 Bering Sea CDQ DFA. The remaining 9,000 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 2017 pollock incidental catch allowance remains at 47,210 mt. As a result, the harvest specifications for pollock in the SUMMARY: E:\FR\FM\07MRR1.SGM 07MRR1 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations Aleutian Islands subarea included in the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) are revised as follows: 5,700 mt to Aleut Corporation’s DFA and 0 mt to CDQ DFA pollock. Furthermore, pursuant to § 679.20(a)(5), Table 4 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) is revised to make 2017 pollock allocations consistent with 12751 this reallocation. This reallocation results in adjustments to the 2017 Aleut Corporation and CDQ pollock allocations established at § 679.20(a)(5). TABLE 4—FINAL 2017 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 [Amounts are in metric tons] 2017 A season 1 2017 Allocations Area and sector Bering Sea subarea TAC 1 .............................................................................. CDQ DFA ......................................................................................................... ICA 1 ................................................................................................................. Total Bering Sea non-CDQ DFA ..................................................................... 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 ........................................................................... Aleutian Islands subarea ABC ......................................................................... Aleutian Islands subarea TAC 1 ....................................................................... CDQ DFA ......................................................................................................... ICA ................................................................................................................... Aleut Corporation ............................................................................................. Area harvest limit 7 541 ............................................................................................................ 542 ............................................................................................................ 543 ............................................................................................................ Bogoslof District ICA 8 ...................................................................................... A season DFA 2017 B season 1 SCA harvest limit 2 B season DFA 1,355,900 136,400 47,210 1,172,291 586,145 468,916 429,058 39,858 2,345 117,229 205,151 351,687 36,061 8,100 0 2,400 5,700 n/a 61,380 n/a 527,531 263,765 211,012 193,076 17,936 1,055 52,753 n/a n/a n/a n/a 0 1,200 5,700 n/a 38,192 n/a 328,241 164,121 131,297 n/a n/a n/a 32,824 n/a n/a n/a n/a n/a n/a n/a n/a 75,020 n/a 644,760 322,380 257,904 235,982 21,922 1,290 64,476 n/a n/a n/a n/a 0 1,200 0 10,818 5,409 1,803 500 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 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 § 679.20(a)(5)(iii)(B)(2)(i)–(iii), the annual Aleutian Islands 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 Aleutian Islands subarea, the A season is allocated less than or equal 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 April 1. 3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ processors sector’s allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. 8 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. jstallworth on DSK7TPTVN1PROD with RULES Classification This action responds to the best available information recently obtained from the fishery. The Acting 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 VerDate Sep<11>2014 13:51 Mar 06, 2017 Jkt 241001 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 Aleutians Islands pollock. Since the pollock fishery is currently open, it is important to immediately inform the industry as to the final Bering Sea subarea and Aleutian Islands subarea pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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 March 1, 2017. The AA also finds good cause to waive the 30-day delay in the effective E:\FR\FM\07MRR1.SGM 07MRR1 12752 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations 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: March 2, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–04435 Filed 3–6–17; 8:45 am] jstallworth on DSK7TPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 13:51 Mar 06, 2017 Jkt 241001 PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 E:\FR\FM\07MRR1.SGM 07MRR1

Agencies

[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Rules and Regulations]
[Pages 12750-12752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF262


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 and the Community Development Quota directed 
fishing allowance from the Aleutian Islands subarea to the Bering Sea 
subarea directed fisheries. These actions are necessary to provide 
opportunity for harvest of the 2017 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.), March 7, 2017, 
until 2400 hrs, A.l.t., December 31, 2017.

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 2017 pollock 
total allowable catch (TAC) allocated to the Aleut Corporation's is 
14,700 metric tons (mt) and the Community Development Quota (CDQ) 
directed fishing allowance (DFA) is 1,900 mt as established by the 
final 2017 and 2018 harvest specifications for groundfish in the BSAI 
(82 FR 11826, February 27, 2017).
    As of March 1, 2017, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 9,000 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 9,000 mt of Aleut 
Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian 
Islands subarea to the 2017 Bering Sea subarea allocations. The 1,900 
mt of pollock CDQ DFA is added to the 2017 Bering Sea CDQ DFA. The 
remaining 9,000 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 2017 pollock incidental catch 
allowance remains at 47,210 mt. As a result, the harvest specifications 
for pollock in the

[[Page 12751]]

Aleutian Islands subarea included in the final 2017 and 2018 harvest 
specifications for groundfish in the BSAI (82 FR 11826, February 27, 
2017) are revised as follows: 5,700 mt to Aleut Corporation's DFA and 0 
mt to CDQ DFA pollock. Furthermore, pursuant to Sec.  679.20(a)(5), 
Table 4 of the final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 27, 2017) is revised to 
make 2017 pollock allocations consistent with this reallocation. This 
reallocation results in adjustments to the 2017 Aleut Corporation and 
CDQ pollock allocations established at Sec.  679.20(a)(5).

    Table 4--Final 2017 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2017 A season \1\        2017 B  season
                                                       2017      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,355,900             n/a             n/a             n/a
CDQ DFA.........................................         136,400          61,380          38,192          75,020
ICA \1\.........................................          47,210             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,172,291         527,531         328,241         644,760
AFA Inshore.....................................         586,145         263,765         164,121         322,380
AFA Catcher/Processors \3\......................         468,916         211,012         131,297         257,904
    Catch by C/Ps...............................         429,058         193,076             n/a         235,982
    Catch by CVs \3\............................          39,858          17,936             n/a          21,922
    Unlisted C/P Limit \4\......................           2,345           1,055             n/a           1,290
AFA Motherships.................................         117,229          52,753          32,824          64,476
Excessive Harvesting Limit \5\..................         205,151             n/a             n/a             n/a
Excessive Processing Limit \6\..................         351,687             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          36,061             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           8,100             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................           5,700           5,700             n/a               0
Area harvest limit \7\
    541.........................................          10,818             n/a             n/a             n/a
    542.........................................           5,409             n/a             n/a             n/a
    543.........................................           1,803             n/a             n/a             n/a
Bogoslof District ICA \8\.......................             500             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)-(iii), the annual Aleutian Islands
  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 Aleutian Islands
  subarea, the A season is allocated less than or equal 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 April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
  processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/
  processors.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
  percent of the Aleutian Islands pollock ABC.
\8\ 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 Acting 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 Aleutians Islands pollock. 
Since the pollock fishery is currently open, it is important to 
immediately inform the industry as to the final Bering Sea subarea and 
Aleutian Islands 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 March 1, 2017.
    The AA also finds good cause to waive the 30-day delay in the 
effective

[[Page 12752]]

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: March 2, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-04435 Filed 3-6-17; 8:45 am]
 BILLING CODE 3510-22-P