[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Rules and Regulations]
[Pages 54792-54793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22498]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XY84
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.
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SUMMARY: NMFS is reallocating the projected unused amounts of the 2010
pollock incidental catch allowance (ICA) to the directed fisheries in
the Bering Sea subarea. This action is necessary to provide opportunity
for harvest of the 2010 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 September 3, 2010, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2010.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 Bering Sea subarea, the portion of the 2010 pollock TAC
allocated to the ICA is 29,268 mt as established by the final 2010 and
2011 harvest specifications for groundfish in the BSAI (75 FR 11778,
March 12, 2010).
As of September 2, 2010, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that the ICA has been set too
high: 4,500 mt of the 2010 pollock ICA in the Bering Sea subarea will
not be harvested. Therefore, in accordance with Sec.
679.20(a)(5)(i)(A)(1), NMFS reallocates 4,500 mt of the 2010 pollock
ICA to the directed fisheries in the Bering Sea subarea.
As a result, in accordance with Sec. 679.20(a)(5)(i)(A)(3), (4),
and (5), the 2010 harvest specifications for pollock in the Bering Sea
subarea included in the final harvest specifications for groundfish in
the BSAI (75 FR 11778, March 12, 2010) are revised as follows: 24,768
mt to the pollock ICA, 212,980 mt to B season AFA catcher vessels
harvesting pollock for processing by AFA inshore processors, 170,384 mt
to B season AFA catcher/processors and AFA catcher vessels delivering
pollock to catcher/processors, and 42,596 mt to B season AFA catcher
vessels harvesting pollock for processing by AFA motherships. This will
enhance the socioeconomic well-being of harvesters dependent upon
Pacific cod in this area. The Regional Administrator considered the
following factors in reaching this decision: (1) The current catch of
Pacific cod by the applicable BSAI sectors and, (2) the harvest
capacity and stated intent on future harvesting patterns of vessels in
the sectors participating in this fishery.
Furthermore, pursuant to Sec. 679.20(a)(5)(i), Table 3 of the
final 2010 and 2011 final harvest specifications for groundfish in the
BSAI (75 FR 11778, March 12, 2010) is
[[Page 54793]]
revised for 2010 pollock allocations consistent with this reallocation.
This reallocation results in adjustments to the 2010 pollock ICA and
directed fisheries in the Bering Sea subarea established at Sec.
679.20(a)(5)(i)(A).
Table 3--2010 and 2011 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
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2010 A season \1\ 2010 B 2011 A season \1\ 2011 B
------------------------ season \1\ ------------------------ season \1\
Area and sector 2010 SCA ------------ 2011 SCA -----------
Allocations A season harvest B season Allocations A season harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
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Bering Sea subarea................................... 813,000 n/a n/a n/a 1,110,000 n/a n/a n/a
CDQ DFA.......................................... 81,300 32,520 22,764 48,780 111,000 44,400 31,080 66,600
ICA \1\.......................................... 24,768 n/a n/a n/a 39,960 n/a n/a n/a
AFA Inshore...................................... 353,466 140,486 98,340 212,980 479,520 191,808 134,266 287,712
AFA Catcher/Processors \3\....................... 282,773 112,389 78,672 170,384 383,616 153,446 107,412 230,170
Catch by C/Ps................................ 258,737 102,836 n/a 155,901 351,009 140,403 n/a 210,605
Catch by CVs \3\............................. 24,036 9,553 n/a 14,483 32,607 13,043 n/a 19,564
Unlisted C/P Limit \4\................... 1,414 562 n/a 852 1,918 767 n/a 1,151
AFA Motherships.................................. 70,693 28,097 19,668 42,596 95,904 38,362 26,853 57,542
Excessive Harvesting............................. 123,714 n/a n/a n/a 167,832 n/a n/a n/a
Limit \5\
Excessive Processing Limit \6\................... 212,080 n/a n/a n/a 287,712 n/a n/a n/a
Total Bering Sea DFA................................. 706,932 280,973 196,681 425,959 959,040 383,616 268,531 575,424
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Aleutian Islands subarea \1\......................... 19,000 n/a n/a n/a 19,000 n/a n/a n/a
CDQ DFA.......................................... 1,900 760 n/a 1,140 1,900 760 n/a 1,140
ICA.............................................. 1,600 800 n/a 800 1,600 800 n/a 800
Aleut Corporation................................ 15,500 15,500 n/a 0 15,500 15,500 n/a 0
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Bogoslof District ICA \7\............................ 50 n/a n/a n/a 50 n/a n/a n/a
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\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA--10 percent and the ICA--3.35 percent, is
allocated as a DFA as follows: inshore component--50 percent, catcher/processor component--40 percent, and mothership component--10 percent. In the
Bering Sea subarea, the A season, January 20-June 10, is allocated 40 percent of the DFA and the B season, June 10-November 1, is allocated 60 percent
of the DFA. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing
allowance--10 percent and second the ICA--1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA
is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the
catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs.
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, and are
not apportioned by season or sector.
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 pollock in the Bering Sea subarea.
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 Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 3, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-22498 Filed 9-3-10; 4:15 pm]
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