# Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2017 Bering Sea and Aleutian Islands Pollock, Atka Mackerel, and Pacific Cod Total Allowable Catch Amounts
**AGENCY:**
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
**ACTION:**
Temporary rule; inseason adjustment; request for comments.
**SUMMARY:**
NMFS is adjusting the 2017 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. Also, NMFS is announcing the Aleutian Islands Catcher Vessel (CV) Harvest Set-Aside and Bering Sea Trawl CV A-Season Sector Limitation will not be in effect for 2017, and TACs in this inseason adjustment will apply for 2017. 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 hours, Alaska local time (A.l.t.), January 9, 2017, until the effective date of the final 2017 and 2018 harvest specifications for BSAI groundfish, unless otherwise modified or superseded through publication of a notification in the *Federal Register* .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 25, 2017.
**ADDRESSES:**
You may submit comments on this document, identified by *NOAA-NMFS-2015-0118,* by any of the following methods:
• *Electronic Submission:* Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to *www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0118,* click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
• *Mail:* Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
*Instructions:* Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on *www.regulations.gov* without change. All personal identifying information ( *e.g.,* name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).
**FOR FURTHER INFORMATION CONTACT:**
Mary Furuness, 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 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 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) set the 2017 Aleutian Island (AI) pollock TAC at 19,000 metric tons (mt), the 2017 Bering Sea (BS) pollock TAC at 1,340,643 mt, the 2017 BSAI Atka mackerel TAC at 55,000 mt, the 2017 BS Pacific cod TAC at 238,680 mt, and the AI Pacific cod TAC at 12,839 mt. Also set was an AI pollock ABC of 36,664 and a Western Aleutian Island limit for Pacific cod at 26.3 percent of the AI Pacific cod TAC. In December 2016, the North Pacific Fishery Management Council (Council) recommended a 2017 BS pollock TAC of 1,345,000 mt, which is more than the 1,340,643 mt TAC established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI. The Council also recommended decreasing the AI pollock ABC to 36,061 mt from 36,664 mt. This in turn reduces some area and seasonal limits for AI pollock. The Council also recommended a 2017 BSAI Atka mackerel TAC of 65,000 mt, which is more than the 55,000 mt TAC established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI. Furthermore, the Council recommended a 2017 BS Pacific cod TAC of 223,704 mt, and an AI Pacific cod TAC of 15,695 mt, which is less than the BS Pacific cod TAC of 238,680 mt, and more than the AI Pacific cod TAC of 12,839 mt established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI. In addition to changes in TACs, the Council recommended changing the percentage limit of Western Aleutian Island Pacific cod to 25.6 percent of the AI Pacific cod ABC, from the 26.3 percent of the AI Pacific cod TAC. The Council's recommended 2017 TACs, and the area and seasonal apportionments, are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2016, which NMFS has determined is the best available scientific information for these fisheries.
Amendment 113 to the FMP (81 FR 84434, November 23, 2016) and regulations at § 679.20(a)(7)(viii) require NMFS to announce whether the Aleutian Islands incidental catch allowance, directed fishing allowance, CV Harvest Set-Aside, and Unrestricted Fishery, as well as the Bering Sea Trawl CV A-Season Sector Limitation will be in effect for 2017. NMFS received notification from Adak and Atka that neither will be processing Aleutian Islands Pacific cod in 2017. Therefore, the Pacific cod TACs in Table 9 of this inseason adjustment will be effective for 2017 and the harvest limits in Table 8A (81 FR 84434, November 23, 2016) will not apply in 2017.
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 2016 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 2017 BS pollock TAC to 1,345,000 mt, the 2017 BSAI Atka mackerel TAC to 65,000, the 2017 BS Pacific cod TAC to 223,704 mt, and the AI Pacific cod TAC to 15,695 mt. Therefore, Table 2 of the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) is revised consistent with this adjustment.
Pursuant to § 679.20(a)(5)(i), Table 5 of the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) is revised for the 2017 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 2017 A season pollock harvest limit is no more than 30 percent, or 10,818 mt, of the AI ABC of 36,061 mt. In Area 542, the 2017 A season pollock harvest limit is no more than 15 percent, or 5,409 mt, of the AI ABC of 36,061 mt. In Area 543, the 2017 A season pollock harvest limit is no more than 5 percent, or 1,803 mt, of the AI pollock ABC of 36,061 mt.
| Area and sector | 2017 allocations | 2017 A season | A season DFA | SCA harvest limit | 2017 B season | B season DFA |
| --- | --- | --- | --- | --- | --- | --- |
| Bering Sea subarea TAC | 1,345,000 | n/a | n/a | n/a | | |
| CDQ DFA | 134,500 | 60,525 | 37,660 | 73,975 | | |
| ICA | 47,210 | n/a | n/a | n/a | | |
| Total Bering Sea non-CDQ DFA | 1,163,291 | 523,481 | 325,721 | 639,810 | | |
| AFA Inshore | 581,645 | 261,740 | 162,861 | 319,905 | | |
| AFA Catcher/Processors | 465,316 | 209,392 | 130,289 | 255,924 | | |
| Catch by C/Ps | 425,764 | 191,594 | n/a | 234,170 | | |
| Catch by CVs | 39,552 | 17,798 | n/a | 21,754 | | |
| Unlisted C/P Limit | 2,327 | 1,047 | n/a | 1,280 | | |
| AFA Motherships | 116,329 | 52,348 | 32,572 | 63,981 | | |
| Excessive Harvesting Limit | 203,576 | n/a | n/a | n/a | | |
| Excessive Processing Limit | 348,987 | n/a | n/a | n/a | | |
| Aleutian Islands subarea ABC | 36,061 | n/a | n/a | n/a | | |
| Aleutian Islands subarea TAC | 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 | 12,464 | n/a | 2,236 | | |
| Area harvest limit | | | | | | |
| 541 | 10,818 | n/a | n/a | n/a | | |
| 542 | 5,409 | n/a | n/a | n/a | | |
| 543 | 1,803 | n/a | n/a | n/a | | |
| Bogoslof District ICA | 500 | n/a | n/a | n/a | | |
Pursuant to § 679.20(a)(8), Table 7 of the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) is revised for the 2017 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.
| Sector | Season | 2017 allocation by area | Eastern Aleutian District/Bering Sea | Central | Western |
| --- | --- | --- | --- | --- | --- |
| TAC | n/a | 34,500 | 18,000 | 12,500 | |
| CDQ reserve | Total | 3,692 | 1,926 | 1,338 | |
| | A | 1,846 | 963 | 669 | |
| | Critical Habitat | n/a | 578 | 401 | |
| | B | 1,846 | 963 | 669 | |
| | Critical Habitat | n/a | 578 | 401 | |
| Non-CDQ TAC | n/a | 30,809 | 16,074 | 11,163 | |
| ICA | Total | 1,000 | 75 | 20 | |
| Jig | Total | 149 | 0 | 0 | |
| BSAI trawl limited access | Total | 2,966 | 1,600 | 0 | |
| | A | 1,483 | 800 | 0 | |
| | Critical Habitat | n/a | 480 | 0 | |
| | B | 1,483 | 800 | 0 | |
| | Critical Habitat | n/a | 480 | 0 | |
| Amendment 80 sectors | Total | 26,694 | 14,399 | 11,143 | |
| | A | 13,347 | 7,200 | 5,571 | |
| | B | 13,347 | 7,200 | 5,571 | |
| Alaska Groundfish Cooperative | Total | 15,191 | 8,552 | 6,853 | |
| | A | 7,596 | 4,276 | 3,427 | |
| | Critical Habitat | n/a | 2,566 | 2,056 | |
| | B | 7,596 | 4,276 | 3,427 | |
| | Critical Habitat | n/a | 2,566 | 2,056 | |
| Alaska Seafood Cooperative | Total | 11,502 | 5,847 | 4,290 | |
| | A | 5,751 | 2,924 | 2,145 | |
| | Critical Habitat | n/a | 1,754 | 1,287 | |
| | B | 5,751 | 2,924 | 2,145 | |
| | Critical Habitat | n/a | 1,754 | 1,287 | |
Pursuant to § 679.20(a)(7), Table 9 of the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) is revised for the 2017 gear shares and seasonal allowances of the BSAI Pacific cod TAC consistent with this adjustment.
| Gear sector | Percent | 2017 share of | 2017 share of | 2017 seasonal apportionment | Seasons | Amount |
| --- | --- | --- | --- | --- | --- | --- |
| BS TAC | n/a | 223,704 | n/a | n/a | n/a | |
| BS CDQ | n/a | 23,936 | n/a | see § 679.20(a)(7)(i)(B) | n/a | |
| BS non-CDQ TAC | n/a | 199,768 | n/a | n/a | n/a | |
| AI TAC | n/a | 15,695 | n/a | n/a | n/a | |
| AI CDQ | n/a | 1,679 | n/a | see § 679.20(a)(7)(i)(B) | n/a | |
| AI non-CDQ TAC | n/a | 14,016 | n/a | n/a | n/a | |
| Western Aleutian Island Limit | n/a | 4,018 | n/a | n/a | n/a | |
| Total BSAI non-CDQ TAC | 100 | 213,783 | n/a | n/a | n/a | |
| Total hook-and-line/pot gear | 60.8 | 129,980 | n/a | n/a | n/a | |
| Hook-and-line/pot ICA | n/a | 500 | n/a | see § 679.20(a)(7)(ii)(B) | n/a | |
| Hook-and-line/pot sub-total | n/a | 129,480 | n/a | n/a | n/a | |
| Hook-and-line catcher/processor | 48.7 | n/a | 103,712 | Jan 1-Jun 10 | 52,893 | |
| Hook-and-line catcher vessel ≥60 ft LOA | 0.2 | n/a | 426 | Jan 1-Jun 10 | 217 | |
| Pot catcher/processor | 1.5 | n/a | 3,194 | Jan 1-Jun 10 | 1,629 | |
| Pot catcher vessel ≥60 ft LOA | 8.4 | n/a | 17,889 | Jan 1-Jun 10 | 9,123 | |
| Catcher vessel <60 ft LOA using hook-and-line or pot gear | 2 | n/a | 4,259 | n/a | n/a | |
| Trawl catcher vessel | 22.1 | 47,246 | n/a | Jan 20-Apr 1 | 34,962 | |
| AFA trawl catcher/processor | 2.3 | 4,917 | n/a | Jan 20-Apr 1 | 3,688 | |
| Amendment 80 | 13.4 | 28,647 | n/a | Jan 20-Apr 1 | 21,485 | |
| Alaska Groundfish Cooperative | n/a | n/a | 4,522 | Jan 20-Apr 1 | 3,392 | |
| Alaska Seafood Cooperative | n/a | n/a | 24,125 | Jan 20-Apr 1 | 18,094 | |
| Jig | 1.4 | 2,993 | n/a | Jan 1-Apr 30 | 1,796 | |
**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 20, 2016, 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 25, 2017.
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: January 4, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.