[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Rules and Regulations]
[Page 59407-59409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc06-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 100306D]
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; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut
Corporation's pollock directed fishing allowance (DFA) and the Aleutian
Islands pollock incidental catch allowance (ICA) from the Aleutian
Islands subarea to the Bering Sea subarea directed fisheries. These
actions are necessary to provide opportunity for harvest of the 2006
total allowable catch (TAC) of pollock, consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the Bering
Sea and Aleutian Islands Management Area (FMP).
DATES: Effective October 6, 2006, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2006.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands Management Area (BSAI) according to the
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.
In the Aleutian Islands subarea, the portion of the 2006 pollock
TAC allocated to the Aleut Corporation's DFA is 5,500 metric tons (mt)
and the ICA is 1,800 mt as established by the 2006 and 2007 final
harvest specifications for groundfish in the BSAI (71 FR 10894, March
3, 2006) and the reallocation on March 3, 2006 (71 FR 11541, March 8,
2006) and on August 16, 2006 (71 FR 48483, August 21, 2006).
As of October 2, 2006, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that 4,603 mt of Aleut
Corporation's DFA and 700 mt of ICA pollock in the Aleutian Islands
subarea will not be harvested. Therefore, in accordance with Sec.
679.20(a)(5)(iii)(B)(4), NMFS proportionally reallocates 4,603 mt of
Aleut Corporation's DFA and 700 mt of ICA pollock from the Aleutian
Islands subarea to the 2006 Bering Sea subarea B season allocations.
As a result, the harvest specifications for pollock in the Aleutian
Islands subarea included in the harvest specifications for groundfish
in the BSAI (71 FR 48483, August 21, 2006) are revised as follows: 897
mt to Aleut Corporation's DFA and 1,100 mt to ICA pollock. Furthermore,
pursuant to Sec. 679.20(a)(5), Tables 3 and 10 of the 2006 and 2007
final harvest specifications for groundfish in the BSAI (71 FR 48483,
August 21, 2006) are revised for 2006 pollock allocations consistent
with this reallocation. This reallocation results in proportional
adjustments to the 2006 B season Aleut Corporation and ICA pollock
allocations established at Sec. 679.20(a)(5).
[[Page 59408]]
TABLE 3 - 2006 AND 2007 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED
POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)\1\
[Amounts are in metric tons]
------------------------------------------------------------------------
2006 A season\1\ 2006 B
-------------------- season\1\
Area and sector 2006 SCA ----------
Allocations A season harvest B season
DFA limit\2\ DFA
------------------------------------------------------------------------
Bering Sea subarea 1,502,003 n/a n/a n/a
CDQ DFA 150,400 60,160 41,793 90,240
ICA 30,967 n/a n/a n/a
AFA Inshore 660,318 261,148 181,626 399,170
AFA Catcher/Processors\3\ 528,254 208,918 145,301 319,336
Catch by C/Ps 483,353 191,160 n/a 292,193
Catch by CVs\3\ 44,902 17,758 n/a 27,144
Unlisted C/P Limit\4\ 2,641 1,045 n/a 1,597
AFA Motherships 132,064 52,230 36,325 79,834
Excessive Harvesting 231,111 n/a n/a n/a
Limit\5\
Excessive Processing 396,191 n/a n/a n/a
Limit\6\
Total Bering Sea DFA 1,471,636 582,456 405,045 888,580
------------------------------------------------------------------------
Aleutian Islands subarea\1\ 1,997 n/a n/a n/a
CDQ DFA 0 n/a n/a 0
ICA 1,100 400 n/a 600
Aleut Corporation 897 359 n/a 538
------------------------------------------------------------------------
Bogoslof District ICA\7\ 10 n/a n/a n/a
------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea
pollock, after subtraction for the CDQ DFA - 10 percent and the ICA -
3.35 percent, is allocated as a DFA as follows: inshore component - 50
percent, catcher/processor component - 40 percent, and mothership
component - 10 percent. In the Bering Sea subarea, the A season,
January 20 - June 10, is allocated 40 percent of the DFA and the B
season, June 10 - November 1, is allocated 60 percent of the DFA.
Pursuant to Sec. 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 - 1,800 mt, is allocated to
the Aleut Corporation for a directed pollock 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 directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's
annual DFA may be taken from the SCA before April 1. The remaining 12
percent of the annual DFA allocated to the A season may be taken
outside of SCA before April 1 or inside the SCA after April 1. If 28
percent of the annual DFA is not taken inside the SCA before April 1,
the remainder is available to be taken inside the SCA after 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 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 pollock DFAs.
\7\ 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.
TABLE 10 - 2006 AND 2007 BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sum of member
vessel's Percentage of 2006 Annual 2007 Annual
Cooperative name and member vessels official catch inshore sector cooperative cooperative
histories allocation allocation (mt) allocation (mt)
\1\(mt)
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association 31,145 31.145 205,656 203,186
------------------------------------ ----------------------------------------------------------
Arctic Enterprise Association 1,146 1.146 7,566 7,476
------------------------------------ ----------------------------------------------------------
Northern Victor Fleet Cooperative 8,412 8.412 55,548 54,879
------------------------------------ ----------------------------------------------------------
Peter Pan Fleet Cooperative 2,876 2.876 18,992 18,763
------------------------------------ ----------------------------------------------------------
Unalaska Cooperative 12,191 12.191 80,497 79,533
------------------------------------ ----------------------------------------------------------
UniSea Fleet Cooperative 25,324 25.324 167,220 165,211
------------------------------------ ----------------------------------------------------------
Westward Fleet Cooperative 18,906 18.906 124,838 123,340
------------------------------------ ----------------------------------------------------------
Open access AFA vessels 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Total inshore allocation 875,572 100 660,318 652,388
----------------------------------------------------------------------------------------------------------------
\1\According to regulations at Sec. 679.62(e)(1), the individual catch history for each vessel is equal to the
vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to catcher/
processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through 1997.
[[Page 59409]]
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 BSAI 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 B
season pollock allocations while value is optimum.
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: October 3, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-16674 Filed 10-6-06; 8:45 am]
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