2016-03465. Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands  

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    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 Community Development Quota pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2016 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.

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    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), February 19, 2016, until the effective date of the final 2016 and 2017 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.

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    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

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    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 2016 pollock total allowable catch (TAC) allocated to the Community Development Quota (CDQ) directed fishing allowance (DFA) is 1,900 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 as adjusted by an inseason adjustment (81 FR 184, January 5, 2016).

    As of February 11, 2016, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 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 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2016 Bering Sea CDQ DFA. As a result, the 2016 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) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant to § 679.20(a)(5), Table 5 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), as adjusted by the inseason adjustment (81 FR 184, January 5, 2016), is revised to make 2016 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2016 CDQ pollock allocations established at § 679.20(a)(5).

    Table 5—Final 2016 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) 1

    [Amounts are in metric tons]

    Area and sector2016 Allocations2016 A season 12016 B season 1
    A season DFASCA harvest limit 2B season DFA
    Bering Sea subarea TAC 11,340,000n/an/an/a
    CDQ DFA135,90054,36038,05281,540
    ICA 148,240n/an/an/a
    AFA Inshore578,880231,552162,086347,328
    AFA Catcher/Processors 3463,104185,242129,669277,862
    Catch by C/Ps423,740169,496n/a254,244
    Catch by CVs 339,36415,746n/a23,618
    Unlisted C/P Limit 42,316926n/a1,389
    AFA Motherships115,77646,31032,41769,466
    Excessive Harvesting Limit 5202,608n/an/an/a
    Excessive Processing Limit 6347,328n/an/an/a
    Total Bering Sea DFA1,157,760463,104324,173694,656
    Aleutian Islands subarea ABC32,227n/an/an/a
    Aleutian Islands subarea TAC 117,100n/an/an/a
    CDQ DFA00n/a0
    ICA2,4001,200n/a1,200
    Aleut Corporation14,70011,691n/a3,009
    Area harvest limit 7
    5419,668n/an/an/a
    5424,834n/an/an/a
    5431,611n/an/an/a
    Bogoslof District ICA 8500n/an/an/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.
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    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 February 11, 2016.

    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.

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

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    Dated: February 16, 2016

    Emily H. Menashes,

    Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

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    [FR Doc. 2016-03465 Filed 2-18-16; 8:45 am]

    BILLING CODE 3510-22-P

Document Information

Effective Date:
2/19/2016
Published:
02/19/2016
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Temporary rule.
Document Number:
2016-03465
Dates:
Effective 1200 hrs, Alaska local time (A.l.t.), February 19, 2016, until the effective date of the final 2016 and 2017 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.
Pages:
8418-8420 (3 pages)
Docket Numbers:
Docket No. 141021887-5172-02
RINs:
0648-XE45
PDF File:
2016-03465.pdf
Supporting Documents:
» Oct 2013 BSAI Specs 2014-15.FRFA
» Jan 2013 AK Groundfish Harvest Specifications Supplementary Info Report (SIR)
» Record of Decision
» Jan 2007 AK Groundfish Harvest Specifications FINAL EIS
» Nov 2014 Final BSAI Safe
» 2014 Nov Draft BSAI SAFE
» 2013 Nov Final BSAI Safe
» Oct 2013 BSAI Specs 2014-15.FRFA
» Jan 2013 AK Groundfish Harvest Specifications Supplementary Info Report (SIR)
» Record of Decision
CFR: (1)
50 CFR 679