# 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.
**SUMMARY:**
NMFS is reallocating the projected unused amounts of the Aleut Corporation pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2017 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.
**DATES:**
Effective 1200 hrs, Alaska local time (A.l.t.), February 17, 2017, through 2400 hrs, A.l.t., December 31, 2017.
**FOR FURTHER INFORMATION CONTACT:**
Steve Whitney, 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 2017 pollock total allowable catch (TAC) allocated to the Aleut Corporation directed fishing allowance (DFA) is 14,700 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), and as adjusted by an inseason adjustment (82 FR 2916, January 10, 2017).
As of February 10, 2017, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 9,000 mt of the Aleut Corporation pollock DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)( *4* ), NMFS reallocates 6,764 mt of A season pollock DFA and 2,236 mt of B season pollock DFA from the Aleutian Islands subarea to the 2017 Bering Sea subarea DFAs. The 9,000 mt of the Aleut Corporation pollock DFA is added to the 2017 Bering Sea non-CDQ DFAs. As a result, the 2017 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), and as adjusted by an inseason adjustment (82 FR 2916, January 10, 2017) are revised as follows: 5,700 mt to the annual Aleut Corporation pollock DFA and 5,700 mt to the A season Aleut Corporation pollock DFA. Furthermore, pursuant to § 679.20(a)(5), Table 5 of the final 2016 and 2017 harvest specifications for groundfish in the Bering Sea and Aleutian Islands (81 FR 14773, March 18, 2016, and 82 FR 2916, January 10, 2017), is revised to make 2017 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2017 pollock allocations established at § 679.20(a)(5).
| Area and sector | 2017 allocations | 2017 A season | A season DFA | SCA harvest limit | 2017 B season | B season DFA |
| --- | --- | --- | --- | --- | --- | --- |
| Bering Sea subarea TAC | 1,355,900 | n/a | n/a | n/a | | |
| CDQ DFA | 136,400 | 61,380 | 38,192 | 75,020 | | |
| ICA | 47,210 | n/a | n/a | n/a | | |
| Total Bering Sea non-CDQ DFA | 1,172,291 | 527,531 | 328,241 | 644,760 | | |
| AFA Inshore | 586,145 | 263,765 | 164,121 | 322,380 | | |
| AFA Catcher/Processors | 468,916 | 211,012 | 131,297 | 257,904 | | |
| Catch by C/Ps | 429,058 | 193,076 | n/a | 235,982 | | |
| Catch by CVs | 39,858 | 17,936 | n/a | 21,922 | | |
| Unlisted C/P Limit | 2,345 | 1,055 | n/a | 1,290 | | |
| AFA Motherships | 117,229 | 52,753 | 32,824 | 64,476 | | |
| Excessive Harvesting Limit | 205,151 | n/a | n/a | n/a | | |
| Excessive Processing Limit | 351,687 | n/a | n/a | n/a | | |
| Aleutian Islands subarea ABC | 36,061 | n/a | n/a | n/a | | |
| Aleutian Islands subarea TAC | 8,100 | n/a | n/a | n/a | | |
| CDQ DFA | 0 | 0 | n/a | 0 | | |
| ICA | 2,400 | 1,200 | n/a | 1,200 | | |
| Aleut Corporation | 5,700 | 5,700 | n/a | 0 | | |
| 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 | | |
**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 Aleutian Island subarea pollock. Since the pollock fishery is currently underway, it is important to immediately inform the industry as to the final Bering Sea and Aleutian Islands 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 seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as February 10, 2017.
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: February 13, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.