Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 28237-28238 [2019-12865]

Download as PDF Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Rules and Regulations Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance exemption in this action, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes. As a result, this action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, EPA has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, EPA has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require EPA’s consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). jbell on DSK3GLQ082PROD with RULES List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides VerDate Sep<11>2014 16:08 Jun 17, 2019 Jkt 247001 and pests, Reporting and recordkeeping requirements. Dated: June 10, 2019. Richard Keigwin, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Add § 180.1367 to subpart D to read as follows: ■ § 180.1367 Bacillus amyloliquefaciens subspecies plantarum strain FZB42; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus amyloliquefaciens subspecies plantarum strain FZB42 in or on all food commodities when used in accordance with label directions and good agricultural practices. [FR Doc. 2019–12748 Filed 6–17–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180713633–9174–02] RIN 0648–XH059 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: SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut Corporation’s pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2019 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 (BSAI) Management Area. PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 28237 Effective 1200 hrs, Alaska local time (A.l.t.), June 13, 2019, until 2400 hrs, A.l.t., December 31, 2019. 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 2019 pollock total allowable catch (TAC) allocated to the Aleut Corporation’s directed fishing allowance (DFA) is 14,700 metric tons (mt) as established by the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019). As of June 12, 2019, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 14,600 mt of Aleut Corporation’s DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 14,600 mt of Aleut Corporation’s DFA from the Aleutian Islands subarea to the 2019 Bering Sea subarea allocations. The 14,600 mt of pollock in the Bering Sea subarea is apportioned to the AFA Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2019 Bering Sea subarea pollock incidental catch allowance remains at 46,520 mt. As a result, the 2019 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019 and 84 FR 9976, March 19, 2019) are revised as follows: 100 mt to Aleut Corporation’s DFA. Furthermore, pursuant to § 679.20(a)(5), Table 4 of the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019 and 84 FR 9976, March 19, 2019) is revised to make 2019 pollock allocations consistent with this reallocation. SUPPLEMENTARY INFORMATION: E:\FR\FM\18JNR1.SGM 18JNR1 28238 Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Rules and Regulations TABLE 4—FINAL 2019 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 [Amounts are in metric tons] 2019 A season 1 2019 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 ...................................................................................... 1,413,500 141,600 46,520 1,225,380 612,690 490,152 448,489 41,663 2,451 122,538 214,442 367,614 52,887 2,500 ........................ 2,400 100 n/a 15,866 7,933 2,644 75 A season DFA n/a 63,720 n/a 551,421 275,711 220,568 201,820 18,748 1,103 55,142 n/a n/a n/a n/a ........................ 1,200 100 n/a n/a n/a n/a n/a SCA harvest limit 2 n/a 39,648 n/a 343,106 171,553 137,243 n/a n/a n/a 34,311 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 2019 B season 1 B season DFA n/a 77,880 n/a 673,959 336,980 269,584 246,669 22,915 1,348 67,396 n/a n/a n/a n/a ........................ 1,200 ........................ n/a n/a n/a n/a n/a 1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (3.7 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), the annual Aleutian Islands pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated up to 40 percent of the ABC for Aleutian Islands pollock. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the SCA before noon, April 1. 3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is a C/P sector cooperative for the year. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ processors sector’s allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. 8 Pursuant to § 679.22(a)(7)(i)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch only and are not apportioned by season or sector. Note: Seasonal or sector apportionments may not total precisely due to rounding. jbell on DSK3GLQ082PROD 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 Aleutian VerDate Sep<11>2014 16:08 Jun 17, 2019 Jkt 247001 Islands pollock. Since the pollock fishery opened January 20, 2019, 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 June 11, 2019. PO 00000 Frm 00068 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: June 13, 2019. Peter William Cooper, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–12865 Filed 6–13–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28237-28238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12865]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XH059


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 allowances from the Aleutian 
Islands subarea to the Bering Sea subarea directed fisheries. These 
actions are necessary to provide opportunity for harvest of the 2019 
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 (BSAI) Management Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 13, 2019, 
until 2400 hrs, A.l.t., December 31, 2019.

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 2019 pollock 
total allowable catch (TAC) allocated to the Aleut Corporation's 
directed fishing allowance (DFA) is 14,700 metric tons (mt) as 
established by the final 2019 and 2020 harvest specifications for 
groundfish in the BSAI (84 FR 9000, March 13, 2019).
    As of June 12, 2019, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 14,600 mt of Aleut 
Corporation's DFA in the Aleutian Islands subarea will not be 
harvested. Therefore, in accordance with Sec.  679.20(a)(5)(iii)(B)(4), 
NMFS reallocates 14,600 mt of Aleut Corporation's DFA from the Aleutian 
Islands subarea to the 2019 Bering Sea subarea allocations. The 14,600 
mt of pollock in the Bering Sea subarea is apportioned to the AFA 
Inshore sector (50 percent), AFA catcher/processor sector (40 percent), 
and the AFA mothership sector (10 percent). The 2019 Bering Sea subarea 
pollock incidental catch allowance remains at 46,520 mt. As a result, 
the 2019 harvest specifications for pollock in the Aleutian Islands 
subarea included in the final 2019 and 2020 harvest specifications for 
groundfish in the BSAI (84 FR 9000, March 13, 2019 and 84 FR 9976, 
March 19, 2019) are revised as follows: 100 mt to Aleut Corporation's 
DFA. Furthermore, pursuant to Sec.  679.20(a)(5), Table 4 of the final 
2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 
9000, March 13, 2019 and 84 FR 9976, March 19, 2019) is revised to make 
2019 pollock allocations consistent with this reallocation.

[[Page 28238]]



    Table 4--Final 2019 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2019 A season \1\        2019 B  season
                                                       2019      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season  DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,413,500             n/a             n/a             n/a
CDQ DFA.........................................         141,600          63,720          39,648          77,880
ICA \1\.........................................          46,520             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,225,380         551,421         343,106         673,959
AFA Inshore.....................................         612,690         275,711         171,553         336,980
AFA Catcher/Processors \3\......................         490,152         220,568         137,243         269,584
Catch by C/Ps...................................         448,489         201,820             n/a         246,669
Catch by CVs \3\................................          41,663          18,748             n/a          22,915
Unlisted C/P Limit \4\..........................           2,451           1,103             n/a           1,348
AFA Motherships.................................         122,538          55,142          34,311          67,396
Excessive Harvesting Limit \5\..................         214,442             n/a             n/a             n/a
Excessive Processing Limit \6\..................         367,614             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          52,887             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................           2,500             n/a             n/a             n/a
CDQ DFA.........................................  ..............  ..............             n/a  ..............
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................             100             100             n/a  ..............
Area harvest limit \7\..........................             n/a             n/a             n/a             n/a
541.............................................          15,866             n/a             n/a             n/a
542.............................................           7,933             n/a             n/a             n/a
543.............................................           2,644             n/a             n/a             n/a
Bogoslof District ICA \8\.......................              75             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
  percent) and the ICA (3.7 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), the annual Aleutian Islands pollock
  TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to
  the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is
  allocated up to 40 percent of the ABC for Aleutian Islands pollock.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available
  for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
  a C/P sector cooperative for the year.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
  percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec.   679.22(a)(7)(i)(B), the Bogoslof District is closed to directed fishing for pollock. The
  amounts specified are for incidental catch 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 Aleutian Islands pollock. Since the 
pollock fishery opened January 20, 2019, 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 June 
11, 2019.
    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: June 13, 2019.
Peter William Cooper,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-12865 Filed 6-13-19; 4:15 pm]
BILLING CODE 3510-22-P