[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Rules and Regulations]
[Pages 55689-55690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22868]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XY99
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Yellowfin 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
yellowfin sole total allowable catch (TAC) assigned to the Bering Sea
and Aleutian Islands trawl limited access sector 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 yellowfin sole to be fully harvested.
DATES: Effective September 9, 2010, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2010.
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 yellowfin sole TAC assigned to the Bering Sea and Aleutian
Islands trawl limited access sector is 42,369 metric tons (mt) and to
the Amendment 80 cooperative is 90,733 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 20,000
mt of the yellowfin sole TAC assigned to the BSAI trawl limited access
sector will not be harvested. Therefore, in accordance with Sec.
679.91(f), NMFS reallocates 20,000 mt of yellowfin sole from the BSAI
trawl limited access sector to the Amendment 80 cooperative in the
BSAI. In accordance with Sec. 679.91(f), NMFS will reissue cooperative
quota permits for the reallocated yellowfin sole following the
procedures set forth in Sec. 679.91(f)(3).
The harvest specifications for yellowfin sole included in the
harvest specifications for groundfish in the BSAI (75 FR 11778, March
12, 2010) are revised as follows: 22,369 mt to the BSAI trawl limited
access sector and 110,733 mt to the Amendment 80 cooperative in the
BSAI. Table 7a is correctly revised and republished in its entirety as
follows:
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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Pacific ocean perch Flathead Rock sole Yellowfin
--------------------------------------- sole ------------- sole
Sector 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 10,000 2,000
BSAI trawl limited access......... 367 376 116 0 0 22,369
Amendment 80...................... 3,302 3,387 5,674 48,580 70,370 171,198
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 52,863 110,733
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This will enhance the socioeconomic well-being of harvesters
dependent upon yellowfin sole in this area. The Regional Administrator
considered the following factors in reaching this decision: (1) The
current catch of yellowfin 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 yellowfin 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 September 8, 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
[[Page 55690]]
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: September 9, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-22868 Filed 9-9-10; 4:15 pm]
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