[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Rules and Regulations]
[Pages 51185-51186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20607]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XY29
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Rock Sole in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amount of the 2010
rock sole total allowable catch (TAC) specified for the Bering Sea and
Aleutian Islands incidental catch allowance ICA to the Amendment 80
cooperative in the Bering Sea and Aleutian Islands management area
(BSAI). This action is necessary to allow the 2010 total allowable
catch of rock sole to be fully harvested.
DATES: Effective August 16, 2010, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2010.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XY29, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record. No comments
will be posted to http://www.regulations.gov for public viewing until
after the comment period has closed. Comment will generally be posted
without change. All Personal Identifying Information (for example,
name, address, etc.) voluntarily submitted by the commenter may be
publicly accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 2010 rock sole TAC specified for the Bering Sea and Aleutian
Islands ICA is 10,000 metric tons (mt) and the 2010 rock sole TAC
specified for the Amendment 80 cooperative is 52,863 mt as established
by the final 2010 and 2011 harvest specifications for groundfish in the
BSAI (75 FR 11778, March 12, 2010).
The Administrator, Alaska Region, NMFS, has determined that 6,000
mt of the rock sole specified for the BSAI ICA will not be harvested.
Therefore, in accordance with Sec. 679.91(f), NMFS reallocates 6,000
mt of rock sole from the BSAI ICA to the Amendment 80 cooperative in
the BSAI. In accordance with Sec. 679.91(f), NMFS will reissue
cooperative quota permits for the reallocated rock sole following the
procedures set forth in Sec. 679.91(f)(3).
The harvest specifications for rock sole included in the harvest
specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010)
are revised as follows: 4,000 mt to the BSAI ICA and 58,863 mt to the
Amendment 80 cooperative in the BSAI. Table 7a is correctly revised and
republished in its entirety as follows:
[[Page 51186]]
Table 7a--Final 2010 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), And Amendment
80 Allocations of The Aleutian Islands Pacific Ocean Perch, And BSAI Flathead Sole, Rock Sole, And Yellowfin
Sole Tacs
[Amounts are in metric tons]
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Sector Pacific ocean perch Flathead Rock sole Yellowfin
-------------------------------------------------------------------------- sole ------------- sole
Eastern Central Western ------------- ------------
Aleutian Aleutian Aleutian BSAI
district district district BSAI BSAI
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TAC............................... 4,220 4,270 6,540 60,000 90,000 219,000
CDQ............................... 452 457 700 6,420 9,630 23,433
ICA............................... 100 50 50 5,000 4,000 2,000
BSAI trawl limited access......... 367 376 116 0 0 42,369
Amendment 80...................... 3,302 3,387 5,674 48,580 76,370 151,198
Amendment 80 limited access....... 1,751 1,796 3,009 5,708 17,507 60,465
Amendment 80 cooperatives......... 1,551 1,591 2,666 42,872 58,863 90,733
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This will enhance the socioeconomic well-being of harvesters
dependent upon rock sole in this area. The Regional Administrator
considered the following factors in reaching this decision: (1) The
current catch of rock sole by the BSAI trawl limited access sector and,
(2) the harvest capacity and stated intent on future harvesting
patterns of the Amendment 80 cooperative that participates in this BSAI
fishery.
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 rock sole from the BSAI trawl limited
access sector to the Amendment 80 cooperative in the BSAI. Since the
fishery is currently open, it is important to immediately inform the
industry as to the revised allocations. Immediate notification is
necessary to allow for the orderly conduct and efficient operation of
this fishery, to allow the industry to plan for the fishing season, and
to avoid potential disruption to the fishing fleet as well as
processors. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of August 13, 2010.
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 Sec. 679.91 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 16, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-20607 Filed 8-16-10; 4:15 pm]
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