Rule2023-06021
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
Primary source
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Published
March 23, 2023
Effective
March 23, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is reallocating the projected unused amounts of the Aleut Corporation's and the Community Development Quota (CDQ) pollock directed fishing allowance (DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide the opportunity for the harvest of the 2023 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 (BSAI).
Full Text
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<title>Federal Register, Volume 88 Issue 56 (Thursday, March 23, 2023)</title>
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[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17403-17405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06021]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XC857]
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 and the Community Development Quota (CDQ) pollock
directed fishing allowance (DFA) from the Aleutian Islands subarea to
the Bering Sea subarea. This action is necessary to provide the
opportunity for the harvest of the 2023 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 (BSAI).
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 23,
2023, through 2400 hours, A.l.t., December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Abby Jahn, 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 2023 pollock
total allowable catch (TAC) allocated to the Aleut Corporation and CDQ
DFA is 14,600 mt and 1,900 mt, respectively, as established by the
final 2023 and 2024 harvest specifications for groundfish in the BSAI
(88 FR 14926, March 10, 2023).
As of March 17, 2023, the Administrator, Alaska Region, NMFS
(Regional Administrator), has determined that 12,600 mt of the Aleut
Corporation's DFA and 1,900 mt of pollock CDQ DFA in the Aleutian
Islands subarea will not be harvested. Therefore, in accordance with
Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates 12,600 mt of the Aleut
Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian
Islands subarea to the Bering Sea subarea allocations. The 1,900 mt of
pollock CDQ DFA is added to the 2023 Bering Sea CDQ DFA. The 12,600 mt
of pollock Aleut Corporation's DFA is apportioned to the American
Fisheries Act (AFA) Inshore sector (50 percent), AFA catcher/processor
sector (40 percent), and the AFA mothership sector (10 percent). The
2023 Bering Sea subarea pollock incidental catch
[[Page 17404]]
allowance (ICA) remains at 50,000 mt. As a result, the 2023 harvest
specifications for pollock in the Aleutian Islands subarea included in
the final 2023 and 2024 harvest specifications for groundfish in the
BSAI (88 FR 14926, March 10, 2023) are revised as follows: 0 mt to CDQ
DFA and 2,000 mt to the Aleut Corporation's DFA. Furthermore, pursuant
to Sec. 679.20(a)(5), Table 4 is revised to make 2023 pollock
allocations consistent with this reallocation. This reallocation
results in an adjustment to the 2023 CDQ pollock allocation established
at Sec. 679.20(a)(5).
Table 4--Final 2023 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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2023 A season \1\ 2023 B season
-------------------------------------- \1\
2023 Steller sea lion ---------------
Area and sector Allocations conservation area
A season DFA (SCA) harvest limit B season DFA
\2\
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Bering Sea subarea TAC \1\................ 1,314,500 n/a n/a n/a
CDQ DFA................................... 131,900 59,355 36,932 72,545
ICA \1\................................... 50,000 n/a n/a n/a
Total Bering Sea non-CDQ DFA.............. 1,132,600 509,670 317,128 622,930
AFA Inshore............................... 566,300 254,835 158,564 311,465
AFA Catcher/Processors: \3\............... 453,040 203,868 126,851 249,172
Catch by catchers/processors (CPs).... 414,532 186,539 n/a 227,992
Catch by catcher vessels (CVs) \3\.... 38,508 17,329 n/a 21,180
Unlisted CP Limit \4\................. 2,265 1,019 n/a 1,246
AFA Motherships........................... 113,260 50,967 31,713 62,293
Excessive Harvesting Limit \5\............ 198,205 n/a n/a n/a
Excessive Processing Limit \6\............ 339,780 n/a n/a n/a
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Aleutian Islands subarea acceptable 43,413 n/a n/a n/a
biological catch (ABC)...................
Aleutian Islands subarea TAC \1\.......... 19,000 n/a n/a n/a
CDQ DFA................................... .............. .............. n/a ..............
ICA....................................... 2,500 1,250 n/a 1,250
Aleut Corporation......................... 2,000 2,100 n/a (100)
Area harvest limit: \7\................... n/a n/a n/a n/a
541................................... 13,024 n/a n/a n/a
542................................... 6,512 n/a n/a n/a
543................................... 2,171 n/a n/a n/a
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Bogoslof District ICA \8\................. 300 n/a n/a n/a
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Note: Seasonal or sector apportionments may not total precisely due to rounding.
\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 (50,000 mt, 4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
CP sector--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of the DFAs
are allocated to the A season (January 20-June 10) and 55 percent of the DFAs are allocated to the B season
(June 10-November 1). When the AI pollock ABC equals or exceeds 19,000 mt, the annual TAC is equal to 19,000
mt (Sec. 679.20(a)(5)(iii)(B)(1)). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2), the Aleutian Islands subarea
pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is
allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated no more than 40 percent of the Aleutian Islands pollock ABC.
\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 12 p.m. (noon), April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the allocation to listed CPs shall be available for
harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP
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/processor 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
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)(*)(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.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was
issued pursuant to section 304(b), and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be 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. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of March 14, 2023.
[[Page 17405]]
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 20, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-06021 Filed 3-22-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 23, 2023.
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