[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42802-42804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18348]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170817779-8161-02]
RIN 0648-XG444
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea Subarea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
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SUMMARY: NMFS is reallocating projected unused amounts of Bering Sea
subarea pollock from the incidental catch allowance to the directed
fisheries. This action is necessary to allow the 2018 total allowable
catch (TAC) of pollock to be harvested.
DATES: Effective August 21, 2018, until 2400 hrs, A.l.t., December 31,
2018.
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 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.
The 2018 pollock incidental catch allowance in the Bering Sea
subarea was established as 47,888 metric tons (mt) by the 2018 and 2019
final harvest specifications for groundfish in the BSAI (83 FR 8365,
February 27, 2018), and as adjusted by reallocations (83 FR 9235, March
5, 2018), in accordance with Sec. 679.20(a)(5)(i)(A)(1) and the
American Fisheries Act (AFA) (Pub. L. 105-277, Division C, Title II).
As of August 16, 2018, the Administrator, Alaska Region, NMFS, has
determined that approximately 19,700 (mt) of pollock remain in the
incidental catch allowance. Based on projected harvest rates of other
groundfish species and the expected incidental catch of pollock in
those fisheries, the Regional Administrator has determined that 2,500
mt of pollock specified in the incidental catch allowance will not be
necessary as incidental catch. Therefore, NMFS is
[[Page 42803]]
apportioning the projected unused amount, 2,500 mt, of pollock from the
incidental catch allowance to the directed fishing allowances
established pursuant to Sec. 679.20(a)(5)(i)(A). Pursuant to the
pollock allocation requirements set forth in Sec. 679.20(a)(5)(i),
this transfer will increase the allocation to catcher vessels
harvesting pollock for processing by the inshore component by 1,250 mt,
to catcher/processors and catcher vessels harvesting pollock for
processing by catcher/processors in the offshore component by 1,000 mt,
and to catcher vessels harvesting pollock for processing by motherships
in the offshore component by 250 mt. Pursuant to Sec.
679.20(a)(5)(i)(A)(4)(ii), 8.5 percent of the 915 mt allocated to
catcher/processors in the offshore component, 85 mt, will be available
for harvest only by eligible catcher vessels delivering to listed
catcher/processors. Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), an
additional 5 mt or 0.5 percent of the catcher/processor sector
allocation of pollock will be available to unlisted AFA catcher/
processors.
Pursuant to Sec. 679.20(a)(5)(i)(A), Table 5 of the 2018 and 2019
final harvest specifications for groundfish in the BSAI are revised as
follows:
Table 5--Final 2018 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
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2018 A season \1\ 2018 B season
------------------------------------ \1\
Area and sector 2018 Allocations SCA harvest -----------------
A season DFA limit \2\ B season DFA
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Bering Sea subarea TAC \1\.............. 1,378,441 n/a n/a n/a
CDQ DFA................................. 138,334 62,250 38,734 76,084
ICA \1\................................. 45,388 n/a n/a n/a
Total Bering Sea non-CDQ DFA............ 1,194,719 537,624 334,521 657,095
AFA Inshore............................. 597,359 268,812 167,261 328,548
AFA Catcher/Processors \3\.............. 477,888 215,049 133,809 262,838
Catch by C/Ps....................... 437,267 196,770 n/a 240,497
Catch by CVs \3\.................... 40,620 18,279 n/a 22,341
Unlisted C/P Limit \4\.............. 2,389 1,075 n/a 1,314
AFA Motherships......................... 119,472 53,762 33,452 65,710
Excessive Harvesting Limit \5\.......... 209,076 n/a n/a n/a
Excessive Processing Limit \6\.......... 358,416 n/a n/a n/a
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Aleutian Islands subarea ABC............ 40,788 n/a n/a n/a
Aleutian Islands subarea TAC \1\........ 4,900 n/a n/a n/a
CDQ DFA................................. 0 0 n/a 0
ICA..................................... 2,400 1,200 n/a 1,200
Aleut Corporation....................... 2,500 2,500 n/a 0
Area harvest limit \7\.................. n/a n/a n/a n/a
541................................. 12,236 n/a n/a n/a
542................................. 6,118 n/a n/a n/a
543................................. 2,039 n/a n/a n/a
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Bogoslof District ICA \8\............... 450 n/a n/a n/a
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\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 (45,388 mt), 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) through (iii), the annual Aleutian
Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (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 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 noon, 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\ Pursuant to Sec. 679.22(a)(7)(i)(B), the Bogoslof District is closed 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 a 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 projected unused amounts of Bering Sea
subarea
[[Page 42804]]
pollock from the incidental catch allowance to the directed fisheries.
NMFS was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
August 16, 2018.
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 taken under 50 CFR 679.20, and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 21, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-18348 Filed 8-21-18; 4:15 pm]
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