Proposed Rules. Temporary rule; inseason adjustment; request for comments

Agency: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce
Action: Temporary rule; inseason adjustment; request for comments
Citation: FR Doc. 2015-33145 · RIN 0648-XE367 · Docket No. 141021887-5172-02 · 50 CFR 679

Summary

NMFS is adjusting the 2016 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best available scientific information. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

Dates

Effective 1200 hrs, Alaska local time (A.l.t.), January 1, 2016, until the effective date of the final 2016 and 2017 harvest specifications for BSAI groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register . Comments must be received at the following address no later than 4:30 p.m., A.l.t., January 16, 2016.

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 final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) set the 2016 Bering Sea (BS) pollock TAC at 1,310,000 metric tons (mt), the 2016 BSAI Atka mackerel TAC at 54,817 mt, the 2016 BS Pacific cod TAC at 240,000 mt, and the AI Pacific cod TAC at 9,422 mt. In December 2015, the North Pacific Fishery Management Council (Council) recommended a 2016 BS pollock TAC of 1,340,000 mt, which is more than the 1,310,000 mt TAC established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI. The Council also recommended a 2016 BSAI Atka mackerel TAC of 55,000 mt, which is more than the 54,817 mt TAC established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI. Furthermore, the Council recommended a 2016 BS Pacific cod TAC of 238,680 mt, and an AI Pacific cod TAC of 12,839 mt, which is less than the BS Pacific cod TAC of 240,000 mt, and more than the AI Pacific cod TAC of 9,422 mt established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI. The Council's recommended 2016 TACs, and the area and seasonal apportionments, are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2015, which NMFS has determined is the best available scientific information for these fisheries. Steller sea lions occur in the same location as the pollock, Atka mackerel, and Pacific cod fisheries and are listed as endangered under the Endangered Species Act (ESA). Pollock, Atka mackerel, and Pacific cod are a principal prey species for Steller sea lions in the BSAI. The seasonal apportionment of pollock, Atka mackerel, and Pacific cod harvest is necessary to ensure the groundfish fisheries are not likely to cause jeopardy of extinction or adverse modification of critical habitat for Steller sea lions. NMFS published regulations and the revised harvest limit amounts for Atka mackerel, Pacific cod, and pollock fisheries to implement Steller sea lion protection measures to insure that groundfish fisheries of the BSAI are not likely to jeopardize the continued existence of the western distinct population segment of Steller sea lions or destroy or adversely modify their designated critical habitat (79 FR 70286, November 25, 2014). The regulations at § 679.20(a)(5)(i) specify how the BS pollock TAC will be apportioned. The regulations at § 679.20(a)(7) specify how the BSAI Pacific cod TAC will be apportioned. The regulations at § 679.20(a)(8) specify how the BSAI Atka mackerel TAC will be apportioned. In accordance with § 679.25(a)(1)(iii), (a)(2)(i)(B), and (a)(2)(iv), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2015 SAFE report for this fishery, the current BSAI pollock, Atka mackerel, and Pacific cod TACs are incorrectly specified. Pursuant to § 679.25(a)(1)(iii), the Regional Administrator is adjusting the 2016 BS pollock TAC to 1,340,000 mt, the 2016 BSAI Atka mackerel TAC to 55,000, the 2016 BS Pacific cod TAC to 238,680 mt, and the AI Pacific cod TAC to 12,839 mt. Therefore, Table 2 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) is revised consistent with this adjustment. Pursuant to § 679.20(a)(5)(i), Table 5 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) is revised for the 2016 BS allocations of pollock TAC to the directed pollock fisheries and to the Community Development Quota (CDQ) directed fishing allowances consistent with this adjustment. The Steller sea lion protection measure final rule (79 FR 70286, November 25, 2014), sets harvest limits for pollock in the A season (January 20 to June 10) in Areas 543, 542, and 541, see § 679.20(a)(5)(iii)(B)( 6 ). In Area 541, the 2016 A season pollock harvest limit is no more than 30 percent, or 9,668 mt, of the AI ABC of 32,227 mt. In Area 542, the 2016 A season pollock harvest limit is no more than 15 percent, or 4,834 mt, of the AI ABC of 32,227 mt. In Area 543, the 2016 A season pollock harvest limit is no more than 5 percent, or 1,611 mt, of the AI pollock ABC of 32,227 mt. 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 sector 2016 Allocations 2016 A season 1 A season DFA SCA harvest limit 2 2016 B season 1 B season DFA Bering Sea subarea TAC 1 1,340,000 n/a n/a n/a CDQ DFA 134,000 53,600 37,520 80,400 ICA 1 48,240 n/a n/a n/a AFA Inshore 578,880 231,552 162,086 347,328 AFA Catcher/Processors 3 463,104 185,242 129,669 277,862 Catch by C/Ps 423,740 169,496 n/a 254,244 Catch by CVs 3 39,364 15,746 n/a 23,618 Unlisted C/P Limit 4 2,316 926 n/a 1,389 AFA Motherships 115,776 46,310 32,417 69,466 Excessive Harvesting Limit 5 202,608 n/a n/a n/a Excessive Processing Limit 6 347,328 n/a n/a n/a Total Bering Sea DFA 1,157,760 463,104 324,173 694,656 Aleutian Islands subarea ABC 32,227 n/a n/a n/a Aleutian Islands subarea TAC 1 19,000 n/a n/a n/a CDQ DFA 1,900 760 n/a 1,140 ICA 2,400 1,200 n/a 1,200 Aleut Corporation 14,700 10,931 n/a 3,769 Area harvest limit 7 541 9,668 n/a n/a n/a 542 4,834 n/a n/a n/a 543 1,611 n/a n/a n/a Bogoslof District ICA 8 500 n/a n/a n/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. Pursuant to § 679.20(a)(8), Table 7 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) is revised for the 2016 seasonal and spatial allowances, gear shares, CDQ reserve, incidental catch allowance, and Amendment 80 allocation of the BSAI Atka mackerel TAC consistent with this adjustment. Table 7—Final 2016 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and Amendment 80 Allocations of the BSAI ATKA Mackerel TAC [Amounts are in metric tons] Sector 1 Season 2 3 4 2016 Allocation by area Eastern Aleutian District/ Bering Sea Central Aleutian District 5 Western Aleutian District TAC n/a 28,500 16,000 10,500 CDQ reserve Total 3,050 1,712 1,124 A 1,525 856 562 Critical Habitat n/a 514 337 B 1,525 856 562 Critical Habitat n/a 514 337 ICA Total 1,000 75 40 Jig 6 Total 122 0 0 BSAI trawl limited access Total 2,433 1,421 0 A 1,216 711 0 Critical Habitat n/a 426 0 B 1,216 711 0 Critical Habitat n/a 426 0 Amendment 80 sectors Total 21,895 12,792 9,337 A 10,948 6,396 4,668 B 10,948 6,396 4,668 Alaska Groundfish Cooperative Total 6 12,349 7,615 5,742 A 6,175 3,808 2,871 Critical Habitat n/a 2,285 1,723 B 6,175 3,808 2,871 Critical Habitat n/a 2,285 1,723 Alaska Seafood Cooperative Total 6 9,546 5,177 3,595 A 4,773 2,589 1,798 Critical Habitat n/a 1,553 1,079 B 4,773 2,589 1,798 Critical Habitat n/a 1,553 1,079 1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear allocation, and ICAs to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). 2 Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. 4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B season from June 10 to December 31. 5 Section 679.20(a)(8)(ii)(C)( 1 )( i ) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of critical habitat; (a)(ii)(C)( 1 )( ii ) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and (a)(8)(ii)(C)( 2 ) requires the TAC in Area 543 shall be no more than 65 percent of ABC. 6 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season. Note: Seasonal or sector apportionments may not total precisely due to rounding. Pursuant to § 679.20(a)(7), Table 9 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) is revised for the 2016 gear shares and seasonal allowances of the BSAI Pacific cod TAC consistent with this adjustment. Table 9—Final 2016 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC [Amounts are in metric tons] Gear sector Percent 2016 Share of gear sector total 2016 Share of sector total 2016 Seasonal apportionment Seasons Amount BS TAC n/a 238,680 n/a n/a n/a BS CDQ n/a 25,539 n/a see § 679.20(a)(7)(i)(B) n/a BS non-CDQ TAC n/a 213,141 n/a n/a n/a AI TAC n/a 12,839 n/a n/a n/a AI CDQ n/a 1,374 n/a see § 679.20(a)(7)(i)(B) n/a AI non-CDQ TAC n/a 11,465 n/a n/a n/a Western Aleutian Island Limit n/a 3,377 n/a n/a n/a Total BSAI non-CDQ TAC 1 100 224,606 n/a n/a n/a Total hook-and-line/pot gear 60.8 136,561 n/a n/a n/a Hook-and-line/pot ICA 2 n/a 500 n/a see § 679.20(a)(7)(ii)(B) n/a Hook-and-line/pot sub-total n/a 136,061 n/a n/a n/a Hook-and-line catcher/processor 48.7 n/a 108,983 Jan 1-Jun 10 55,581 Jun 10-Dec 31 53,402 Hook-and-line catcher vessel ≥ 60 ft LOA 0.2 n/a 448 Jan 1-Jun 10 228 Jun 10-Dec 31 219 Pot catcher/processor 1.5 n/a 3,357 Jan 1-Jun 10 1,712 Sept 1-Dec 31 1,645 Pot catcher vessel ≥ 60 ft LOA 8.4 n/a 18,798 Jan 1-Jun 10 9,587 Sept 1-Dec 31 9,211 Catcher vessel <60 ft LOA using hook-and-line or pot gear 2 n/a 4,476 n/a n/a Trawl catcher vessel 22.1 49,638 n/a Jan 20-Apr 1 36,732 Apr 1-Jun 10 5,460 Jun 10-Nov 1 7,446 AFA trawl catcher/processor 2.3 5,166 n/a Jan 20-Apr 1 3,874 Apr 1-Jun 10 1,291 Jun 10-Nov 1 0 Amendment 80 13.4 30,097 n/a Jan 20-Apr 1 22,573 Apr 1-Jun 10 7,524 Jun 10-Nov 1 0 Alaska Groundfish Cooperative n/a n/a 4,751 Jan 20-Apr 1 3,563 Apr 1-Jun 10 1,188 Jun 10-Dec 31 0 Alaska Seafood Cooperative n/a n/a 25,346 Jan 20-Apr 1 19,010 Apr 1-Jun 10 6,337 Jun 10-Dec 31 0 Jig 1.4 3,144 n/a Jan 1-Apr 30 1,887 Apr 30-Aug 31 629 Aug 31-Dec 31 629 1 The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the subtraction of CDQ. If the TAC for Pacific cod in either the AI or BS is reached, then directed fishing for Pacific cod in that subarea may be prohibited, even if a BSAI allowance remains. 2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2016 based on anticipated incidental catch in these fisheries. 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 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 allow for harvests that exceed the appropriate allocations for pollock, Atka mackerel, and Pacific cod in the BSAI based on the best scientific information available. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 28, 2015, and additional time for prior public comment would result in conservation concerns for the ESA-listed Steller sea lions. 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. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until January 16, 2015. This action is required by § 679.20 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 30, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-33145 Filed 12-30-15; 4:15 pm]