Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the Herring Savings Area in the Bering Sea and Aleutian Islands Management Area, 36509-36511 [2020-13078]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Rules and Regulations]
[Pages 36509-36511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13078]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066; RTID 0648-XY108]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
the Herring Savings Area in the Bering Sea and Aleutian Islands 
Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of closure.

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SUMMARY: NMFS is opening the Summer Herring Savings Area 2 in the 
Bering Sea subarea of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent the underharvest of 
the 2020 pollock total allowable catch (TAC) and facilitate pollock 
harvest by the American Fisheries Act (AFA) inshore sector, AFA 
mothership sector, and Community Development Quota (CDQ) program in the 
Bering Sea subarea of the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 1, 2020, 
through 2400 hours, A.l.t., August 15, 2020. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., July 2, 2020.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2019-0074, 
by either of the following methods:
     Federal e-Rulemaking Portal. Go to: https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0074, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 
99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information 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).
    More information and data is available from NMFS at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/inseason-fisheries-management-alaska.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 (Magnuson-
Stevens 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.
    Pursuant to the final 2020 and 2021 harvest specifications for 
groundfish in the BSAI, the total prohibited species catch (PSC) limit 
for herring is 2,532 metric tons (mt). The 2020 herring bycatch 
allowance of 2,299 mt specified for the trawl midwater pollock fishery 
in the BSAI has been reached. Prior to 2020, the PSC limit had not been 
reached in the pollock A season, and since 2010 has only been reached 
in the pollock B season once. NMFS recently became aware of concerns 
that the pollock sectors would not be able to respond to the unexpected 
conditions presented in 2020. The sectors' primary concerns are closure 
of the Herring Savings Areas will increase the length of the fishing 
season, increase bycatch of both Chinook and chum salmon, increase 
fishing and observer costs, and reduce fish quality, which will have a 
disproportionate impact on smaller shoreside vessels. As of June 3, 
2020, NMFS has determined that approximately 495,000 mt of pollock TAC 
remains unharvested for the AFA inshore sector, AFA mothership sector, 
and CDQ program in the Bering Sea subarea of the BSAI.
    Pursuant to the final 2020 and 2021 harvest specifications for 
groundfish in the BSAI (85 FR 13553, March 9, 2020) and Sec.  
679.21(e)(7)(vi), NMFS prohibited directed fishing for pollock in the 
Herring Savings Areas of the BSAI on June 15, 2020 (85 FR 35381, June 
10, 2020). The Herring Savings Areas are presented in Figure 4 to 50 
CFR part 679. Review of the Bering Sea pollock fishery shows that 
closure of the Summer Herring Savings Area 2 (HSA 2) for the AFA 
inshore sector, AFA mothership sector, and CDQ program may lead to the 
underharvest of the 2020 pollock TAC, based on the factors analyzed 
below.
    The area of the HSA 2 is the most productive fishing grounds for 
these pollock sectors and is closest to the more accessible fishing 
ports. Closure of HSA 2 starting July 1 through August 15 will force 
these pollock sectors and CDQ program participants to fish in less 
productive areas that are further from the most accessible fishing 
ports. Fishing less productive grounds combined with more time to 
transit to open fishing grounds will lengthen the time required to fish 
during the pollock B season (June 10 to November 1, as defined at Sec.  
679.23(e)(2)(ii)). Also, longer fishing seasons will increase fishing 
and observer expenses. As a result, while the average last day of 
fishing for these sectors is October 2 (for 2010 to 2019), the HSA 2 
closure may potentially extend fishing to November 1, 2020, and may 
prevent the full harvest of the pollock TAC.
    Additionally, closing HSA 2 could force the pollock sectors and CDQ 
participants to areas with higher salmon

[[Page 36510]]

bycatch. This, in combination with the factors analyzed in the 
preceding paragraph, also could extend fishing to the end of the season 
and compound pollock TAC and salmon bycatch concerns. Fishing later in 
the B season has been observed to increase the bycatch of other species 
including Chinook salmon. As analyzed in Amendment 110 to the FMP (81 
FR 37534, June 10, 2016), historical salmon PSC rates observed in 
pollock fishery indicate the closure of the HSA 2 will move these 
fisheries to areas with higher salmon bycatch and delay these fisheries 
to time periods of higher Chinook salmon abundance.
    For these reasons, closure of the HSA 2 will force the pollock 
sectors to fish in less productive areas, in areas with higher salmon 
bycatch, and further distances from fishing ports, which will lengthen 
fishing over the B season and compound salmon bycatch issues. NMFS has 
determined that this may lead to the underharvest of the pollock TAC in 
the B season. To prevent the underharvest of the pollock TAC, NMFS will 
open the HSA 2 for the AFA inshore and mothership sectors and the CDQ 
program. This action does not include the AFA catcher/processor sector 
because it is already prohibited from directed fishing for pollock 
during the B pollock season in the Catcher Vessel Operational Area 
(CVOA) (see Sec.  679.22(a)(5) and Figure 2 to 50 CFR part 679). The 
fishery for pollock in the CVOA overlaps with the HSA 2.
    Opening the HSA 2 likely will not result in any conservation 
concerns for the Bering Sea herring stock. The 2010 to 2019 herring PSC 
for all pollock sectors in the B season ranges from 47 mt to 2,229 mt 
with an average of 765 mt. Adding the highest B season herring PSC from 
the most recent 10 years (2,229 mt) to the current 2020 A season 
herring PSC of 2,923 mt for all sectors equals 5,152 mt, or about 2 
percent of the State of Alaska's estimate for 2020 of herring mature 
biomass for spawning aggregations in the Bering Sea. However, it is 
important to note that this is based on the highest B season herring 
PSC previously caught by all pollock sectors over the most recent 10 
years (not an average or anticipated PSC for the remainder of the 
2020); that this inseason adjustment only applies to the AFA inshore 
and mothership sectors and the CDQ program and does not include the AFA 
catcher/processor sector; and that this year's PSC varied from previous 
years. For the 2020 A season, the herring PSC was 52 percent catcher/
processors and 48 percent inshore/mothership/CDQ, while the 2010 
through 2019 average is 31 percent catcher/processors and 69 percent 
inshore/mothership/CDQ. Finally, NMFS notes that additional herring PSC 
outside the HSAs will continue regardless of whether the PSC limit is 
reached in any given year, that there is no overall herring PSC limit, 
and that a total annual herring bycatch of 2 to 3 percent is close to 
the historical herring bycatch exploitation rates prior to the 
implementation of the herring PSC limit (56 FR 15063, April 15, 1991). 
When implementing the herring PSC limit (Amendment 16a to the FMP), 
NMFS anticipated that the groundfish trawl fishery's herring bycatch 
under the 1 percent of the herring biomass limit for a given fishing 
year would likely approach 2 to 3 percent by the end of a fishing year 
(56 FR 15063, April 15, 1991).
    NMFS consulted with the Council at their June 2020 meeting, and the 
Council, after receiving oral and written public comment on this issue, 
unanimously recommended that NMFS use its inseason authority to provide 
for opening and management, including the potential closure, of the 
Summer Herring Savings Area 2, throughout the relevant time period 
(July 1--August 15). Also, the Council and NMFS considered consistency 
with the Magnuson-Stevens Act's 10 National Standards and sought to 
balance the competing demands of the National Standards (16 U.S.C. 
1851). Specifically, the Council and NMFS recognized the need to 
balance and be consistent with both National Standard 9 and National 
Standard 1. National Standard 9 requires that conservation and 
management measures minimize bycatch to the extent practicable. 
National Standard 1 requires that conservation and management measures 
prevent overfishing while achieving, on a continuing basis, the optimum 
yield from each fishery for the U.S. fishing industry. This inseason 
adjustment provides the opportunity to monitor herring PSC and minimize 
salmon PSC, consistent with Amendments 16a and 110 of the FMP, while 
also providing an opportunity to fully harvest the pollock TAC.
    Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), 
(a)(2)(iii)(D), and (b)(1), (6), (7), and (8), NMFS is terminating the 
previous closure for HSA 2 only and is opening directed fishing for 
pollock in the HSA 2 by the AFA inshore sector, AFA mothership sector, 
and CDQ program in the Bering Sea subarea of the BSAI. This inseason 
adjustment is based on the determination that it is necessary to 
prevent underharvest of the pollock TAC and that opening the HSA 2 for 
the AFA inshore sector, AFA mothership sector, and CDQ program is the 
least restrictive adjustment necessary to achieve the pollock TAC in 
The Bering Sea subarea of the BSAI. The Administrator, Alaska Region 
(Regional Administrator) considered the following factors in reaching 
this decision: (1) the current catch of pollock in the Bering Sea 
subarea of the BSAI, (2) the harvest capacity and stated intent on 
future harvesting patterns of vessels in participating in this fishery, 
(3) the high historical prohibited species bycatch rates for Chinook 
and chum salmon observed in the pollock fishery, and (4) potential 
economic loss to these fisheries.

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 opening of the HSA 2 to directed fishing for pollock in 
the BSAI. Without this inseason adjustment, NMFS could not allow the 
fishery for pollock in the Bering Sea subarea of the BSAI to be 
harvested in an expedient manner. In particular, this inseason 
adjustment in intended to allow the affected sectors to fish at more 
productive fishing grounds, earlier in the season, when there is less 
salmon bycatch. Any delay will undermine these goals and their ability 
to harvest their full TAC. For similar reasons, the affected sectors 
need notice of the re-opening at the earliest possible opportunity so 
they can plan and conduct fishing operations in a timely manner. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of June 
3, 2020.
    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.
    Under Sec.  679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until July 1, 
2020.

[[Page 36511]]

    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 12, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-13078 Filed 6-16-20; 8:45 am]
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