[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Pages 52494-52495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4587]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XC54


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 2007 
pollock incidental catch allowance (ICA) to the directed fisheries in 
the Bering Sea subarea. This action is necessary to provide opportunity 
for harvest of the 2007 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 September 13, 2007, through 2400 hrs, Alaska local 
time (A.l.t.), December 31, 2007.

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 Bering Sea subarea, the portion of the 2007 pollock TAC 
allocated to the ICA is 35,129 mt as established by the 2007 and 2008 
final harvest specifications for groundfish in the BSAI (72 FR 9451, 
March 2, 2007).
    As of September 6, 2007, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that the ICA has been set too 
high: 2,000 mt of the 2007 pollock ICA in the Bering Sea subarea will 
not be harvested. Therefore, in accordance with Sec.  
679.20(a)(5)(i)(A)(1), NMFS reallocates 2,000 mt of the 2007 pollock 
ICA to the directed fisheries in the Bering Sea subarea.
    As a result, in accordance with Sec.  679.20(a)(5)(i)(A)(3), (4), 
and (5), the 2007 harvest specifications for pollock in the Bering Sea 
subarea included in the harvest specifications for groundfish in the 
BSAI (72 FR 9451, March 2, 2007) are revised as follows: 33,129 to the 
pollock ICA, 366,841 to B season AFA catcher vessels harvesting pollock 
for processing by AFA inshore processors, 293,473 mt to B season AFA 
catcher processors and AFA catcher vessels delivering pollock to 
catcher processors, and 73,368 mt to B season AFA catcher vessels 
harvesting pollock for processing by AFA motherships. Furthermore, 
pursuant to Sec.  679.20(a)(5)(i), Table 3 of the 2007 and 2008 final 
harvest specifications for groundfish in the BSAI (72 FR 9451,

[[Page 52495]]

March 2, 2007) is revised for 2007 pollock allocations consistent with 
this reallocation. This reallocation results in adjustments to the 2007 
pollock ICA and directed fisheries in the Bering Sea subarea 
established at Sec.  679.20(a)(5)(i)(A).

       Table 3.--2007 and 2008 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          2007 A season \1\     2007 B                     2008 A season \1\     2008 B
                                                                       ----------------------   season                  ----------------------   season
                                                             2007                                \1\          2008                                \1\
                    Area and sector                       Allocations    A season     SCA    -----------   Allocations    A season     SCA    ----------
                                                                           DFA      harvest    B season                     DFA      harvest    B season
                                                                                   limit \2\     DFA                                limit \2\     DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea....................................       1,394,000        n/a        n/a        n/a       1,318,000        n/a        n/a        n/a
    CDQ DFA...........................................         139,400     55,760     39,032     83,640         131,800     52,720     36,904     79,080
    ICA...............................................          33,129        n/a        n/a        n/a          33,214        n/a        n/a        n/a
    AFA Inshore.......................................         609,736    243,894    107,726    366,841         576,493    230,597    161,418    345,896
    AFA Catcher/Processors \3\........................         487,788    195,115    136,581    293,473         461,195    184,478    129,134    276,717
        Catch by C/Ps.................................         446,326    178,531        n/a    267,796         421,993    168,797        n/a    253,196
        Catch by CVs \3\..............................          41,462     16,585        n/a     24,877          39,202     15,681        n/a     23,521
            Unlisted C/P Limit \4\....................           2,439        976        n/a      1,463           2,306        922        n/a      1,384
AFA Mothership........................................         121,947     48,779     34,145     73,368         115,299     46,119     32,284     69,179
Excessive Harvesting Limit \5\........................         213,407        n/a        n/a        n/a         201,773        n/a        n/a        n/a
Excessive Processing Limit \6\........................         365,841        n/a        n/a        n/a         345,896        n/a        n/a        n/a
Total Bering Sea DFA..................................       1,358,871    543,548    380,484    817,322       1,284,787    513,914    359,740    770,872
Aleutian Islands subarea \1\..........................          19,000        n/a        n/a        n/a          19,000        n/a        n/a        n/a
    CDQ DFA...........................................           1,900        760        n/a      1,140           1,900        760        n/a      1,140
    ICA...............................................           1,600        800        n/a        800           1,600        800        n/a        800
    Aleut Corporation.................................          15,500     15,500        n/a          0          15,500     15,500        n/a          0
Bogoslof District ICA \7\.............................              10        n/a        n/a        n/a              10        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 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.

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 pollock in the Bering Sea subarea. 
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: September 11, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-4587 Filed 9-13-07; 8:45 am]
BILLING CODE 3510-22-P