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Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands

---
identifier: "/us/fr/E6-16674"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands"
title_number: 0
title_name: "Federal Register"
section_number: "E6-16674"
section_name: "Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands"
positive_law: false
currency: "2006-10-10"
last_updated: "2006-10-10"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Commerce Department"
document_number: "E6-16674"
document_type: "rule"
publication_date: "2006-10-10"
agencies:
  - "Commerce Department"
  - "National Oceanic and Atmospheric Administration"
cfr_references:
  - "50 CFR Part 679"
fr_citation: "71 FR 59407"
fr_volume: 71
docket_ids:
  - "Docket No. 060216045-6045-01"
  - "I.D. 100306D"
effective_date: "2006-10-06"
fr_action: "Temporary rule; reallocation."
---

#  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.

**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 § 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 § 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 § 679.20(a)(5).

| Area and sector | 2006 Allocations | 2006 A season | A season DFA | SCA harvest limit | 2006 B season | B season 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 | 528,254 | 208,918 | 145,301 | 319,336 |  |  |
| Catch by C/Ps | 483,353 | 191,160 | n/a | 292,193 |  |  |
| Catch by CVs | 44,902 | 17,758 | n/a | 27,144 |  |  |
| Unlisted C/P Limit | 2,641 | 1,045 | n/a | 1,597 |  |  |
| AFA Motherships | 132,064 | 52,230 | 36,325 | 79,834 |  |  |
| Excessive Harvesting Limit | 231,111 | n/a | n/a | n/a |  |  |
| Excessive Processing Limit | 396,191 | n/a | n/a | n/a |  |  |
| Total Bering Sea DFA | 1,471,636 | 582,456 | 405,045 | 888,580 |  |  |
| Aleutian Islands subarea | 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 | 10 | n/a | n/a | n/a |  |  |

| Cooperative name and member vessels | Sum of member vessel's official catch histories 
                            
                            (mt) | Percentage of inshore sector allocation | 2006 Annual cooperative allocation (mt) | 2007 Annual cooperative allocation (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 |

**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 § 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.