# 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 and the Community Development Quota (CDQ) pollock directed fishing allowance (DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide the opportunity for the harvest of the 2023 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 (BSAI).
**DATES:**
Effective 1200 hours, Alaska local time (A.l.t.), March 23, 2023, through 2400 hours, A.l.t., December 31, 2023.
**FOR FURTHER INFORMATION CONTACT:**
Abby Jahn, 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 2023 pollock total allowable catch (TAC) allocated to the Aleut Corporation and CDQ DFA is 14,600 mt and 1,900 mt, respectively, as established by the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023).
As of March 17, 2023, the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that 12,600 mt of the Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)( *4* ), NMFS reallocates 12,600 mt of the Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2023 Bering Sea CDQ DFA. The 12,600 mt of pollock Aleut Corporation's DFA is apportioned to the American Fisheries Act (AFA) Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2023 Bering Sea subarea pollock incidental catch allowance (ICA) remains at 50,000 mt. As a result, the 2023 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) are revised as follows: 0 mt to CDQ DFA and 2,000 mt to the Aleut Corporation's DFA. Furthermore, pursuant to § 679.20(a)(5), Table 4 is revised to make 2023 pollock allocations consistent with this reallocation. This reallocation results in an adjustment to the 2023 CDQ pollock allocation established at § 679.20(a)(5).
| Area and sector | 2023 | 2023 A season | A season DFA | Steller sea lion | 2023 B | B season DFA |
| --- | --- | --- | --- | --- | --- | --- |
| Bering Sea subarea TAC | 1,314,500 | n/a | n/a | n/a | | |
| CDQ DFA | 131,900 | 59,355 | 36,932 | 72,545 | | |
| ICA | 50,000 | n/a | n/a | n/a | | |
| Total Bering Sea non-CDQ DFA | 1,132,600 | 509,670 | 317,128 | 622,930 | | |
| AFA Inshore | 566,300 | 254,835 | 158,564 | 311,465 | | |
| AFA Catcher/Processors: | 453,040 | 203,868 | 126,851 | 249,172 | | |
| Catch by catchers/processors (CPs) | 414,532 | 186,539 | n/a | 227,992 | | |
| Catch by catcher vessels (CVs) | 38,508 | 17,329 | n/a | 21,180 | | |
| Unlisted CP Limit | 2,265 | 1,019 | n/a | 1,246 | | |
| AFA Motherships | 113,260 | 50,967 | 31,713 | 62,293 | | |
| Excessive Harvesting Limit | 198,205 | n/a | n/a | n/a | | |
| Excessive Processing Limit | 339,780 | n/a | n/a | n/a | | |
| Aleutian Islands subarea acceptable biological catch (ABC) | 43,413 | n/a | n/a | n/a | | |
| Aleutian Islands subarea TAC | 19,000 | n/a | n/a | n/a | | |
| CDQ DFA | | | n/a | | | |
| ICA | 2,500 | 1,250 | n/a | 1,250 | | |
| Aleut Corporation | 2,000 | 2,100 | n/a | (100) | | |
| Area harvest limit: | n/a | n/a | n/a | n/a | | |
| 541 | 13,024 | n/a | n/a | n/a | | |
| 542 | 6,512 | n/a | n/a | n/a | | |
| 543 | 2,171 | n/a | n/a | n/a | | |
| Bogoslof District ICA | 300 | n/a | n/a | n/a | | |
**Classification**
NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be 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 Islands pollock. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 14, 2023.
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.
**Authority:**
16 U.S.C. 1801 *et seq.*
Dated: March 20, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.