[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 466-467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33303]
[[Page 466]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA121
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2011 Bering Sea Pollock Total Allowable Catch Amount
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment; request for comments.
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SUMMARY: NMFS is adjusting the 2011 total allowable catch (TAC) amount
for the Bering Sea pollock fishery. This action is necessary because
NMFS has determined this TAC is incorrectly specified. This action will
ensure the Bering Sea pollock TAC is the appropriate amount based on
the best available scientific information for pollock in the Bering Sea
subarea. This action is 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.), January 5, 2011,
until the effective date of the final 2011 and 2012 harvest
specifications for BSAI groundfish, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.
Comments must be received at the following address no later than
4:30 p.m., A.l.t., January 20, 2011.
ADDRESSES: Send comments to James W. Balsiger, Administrator, Alaska
Region, NMFS, Attn: Ellen Sebastian. You may submit comments,
identified by RIN 0648-XA121, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal 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, 907-586-7228.
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.
The 2011 pollock TAC in the Bering Sea subarea was set at 1,110,000
metric tons (mt) by the final 2010 and 2011 harvest specification for
groundfish in the BSAI (75 FR 11778, March 12, 2010).
In December 2010, the Council recommended a 2011 pollock TAC of
1,252,000 mt for the Bering Sea subarea. This amount is more than the
1,110,000 mt established by the final 2010 and 2011 harvest
specification for groundfish in the BSAI (75 FR 11778, March 12, 2010).
The TAC recommended by the Council is based on the Stock Assessment and
Fishery Evaluation report (SAFE), dated November 2010, which NMFS has
determined is the best available scientific information for this
fishery.
Regulations at Sec. 679.20(a)(5)(i)(B) apportion the pollock TAC
allocated to the Bering Sea directed pollock fisheries seasonally to
distribute catch over time because pollock is a principal prey species
for Steller sea lions listed as endangered under the Endangered Species
Act. The first seasonal apportionment can be harvested quickly, and
must reflect the TAC based on the best available scientific information
to provide the opportunity to harvest available TAC in a manner
consistent with the established Steller sea lion protection measures.
In accordance with Sec. 679.25(a)(2)(i)(B), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that,
based on the November 2010 SAFE report for this fishery, the current
Bering Sea pollock TAC is incorrectly specified. Consequently, the
Regional Administrator is adjusting the 2011 pollock TAC to 1,252,000
mt in the Bering Sea subarea.
Pursuant to Sec. 679.20(a)(5), Table 3 of the final 2010 and 2011
harvest specifications for groundfish in the BSAI (75 FR 11778, March
12, 2010), as adjusted by a reallocation of a portion of the 2010
incidental catch allowance (75 FR 54792, September 9, 2010), is revised
for the 2011 pollock TACs consistent with this adjustment.
Table 3--Final 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 1,252,000 n/a n/a n/a
CDQ DFA................................... 81,300 32,520 22,764 48,780 125,200 50,080 35,056 75,120
ICA \1\................................... 24,768 n/a n/a n/a 33,804 n/a n/a n/a
AFA Inshore............................... 353,466 140,486 98,340 212,980 546,498 218,599 153,019 327,899
AFA Catcher/Processors \3\................ 282,773 112,389 78,672 170,384 437,198 174,879 122,416 262,319
Catch by C/Ps............................. 258,737 102,836 n/a 155,901 400,037 160,015 n/a 240,022
Catch by CVs \3\.......................... 24,036 9,553 n/a 14,483 37,162 14,865 n/a 22,297
[[Page 467]]
Unlisted C/P Limit \4\.................... 1,414 562 n/a 852 2,186 874 n/a 1,312
AFA Motherships........................... 70,693 28,097 19,668 42,596 109,300 43,720 30,604 65,580
Excessive Harvesting Limit \5\............ 123,714 n/a n/a n/a 191,274 n/a n/a n/a
Excessive Processing Limit \6\............ 212,080 n/a n/a n/a 327,899 n/a n/a n/a
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Total Bering Sea DFA.................. 706,932 280,973 196,681 425,959 1,092,996 437,198 306,039 655,798
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
Bogoslof District ICA \7\................. 50 n/a n/a n/a 150 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 percent), is
allocated as a DFA as follows: Inshore sector--50 percent, catcher/processor sector (C/P)--40 percent, and mothership sector--10 percent. In the
Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season
(June 10-November 1). 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 (1,600 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 less than 28 percent of the
annual DFA is taken inside the SCA before April 1, the remainder will be 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 non-CDQ
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 non-CDQ
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 require the Bering Sea pollock harvests to be lower than the
appropriate allocations for pollock based on the best scientific
information available. NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant data only
became available as of December 15, 2010, and additional time for prior
public comment would result in conservation concerns for the ESA-listed
Steller sea lions.
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.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until January 20,
2011.
This action is required by Sec. 679.22 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 29, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-33303 Filed 12-30-10; 4:15 pm]
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