[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 467-469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33306]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA120
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2011 Bering Sea and Aleutian Islands Pacific Cod
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 and Aleutian Islands (BSAI) Pacific cod fishery.
This action is necessary because NMFS has
[[Page 468]]
determined this TAC is incorrectly specified. This action will ensure
the BSAI Pacific cod TAC is the appropriate amount, based on the best
available scientific information for Pacific cod in the BSAI. 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superseded through publication of a notification in the Federal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-XA120, 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 Pacific cod TAC in the BSAI was set at 207,580 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 Pacific cod TAC of
227,950 mt for the BSAI. This amount is more than the 207,580 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)(7)(i)(B) apportion the Pacific cod
TAC allocated to the Bering Sea directed Pacific cod fisheries
seasonally to distribute catch over time because Pacific cod 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
BSAI Pacific cod TAC is incorrectly specified. Consequently, the
Regional Administrator is adjusting the 2011 Pacific cod TAC to 227,950
mt in the BSAI.
Pursuant to Sec. 679.20(a)(7), Table 5b of the final 2010 and 2011
harvest specifications for groundfish in the BSAI (75 FR 11778, March
12, 2010) is revised for the 2011 Pacific cod TAC consistent with this
adjustment.
Table 5b--Final 2011 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
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Seasonal apportionment
Gear sector Percent Share of gear Share of ---------------------------------
sector total sector total Dates Amount
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Total TAC................. 100 227,950 n/a n/a............. n/a
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CDQ........................... 10.7 24,391 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
Total hook-and-line/pot gear.. 60.8 123,764 n/a n/a............. n/a
Hook-and-line/pot ICA \1\..... n/a 500 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 123,264 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 98,733 Jan 1-Jun 10.... 50,354
processor. Jun 10-Dec 31... 48,379
Hook-and-line catcher vessel 0.2 n/a 405 Jan 1-Jun 10.... 207
[gteqt] 60 ft LOA. Jun 10-Dec 31... 199
Pot catcher/processor......... 1.5 n/a 3,041 Jan 1-Jun 10.... 1,551
Sept 1-Dec 31... 1,490
Pot catcher vessel [gteqt] 60 8.4 n/a 17,030 Jan 1-Jun 10.... 8,685
ft LOA. Sept 1-Dec 31... 8,345
Catcher vessel < 60 ft LOA 2 n/a 4,055 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessel......... 22.1 44,987 n/a Jan 20-Apr 1.... 33,290
Apr 1-Jun 10.... 4,949
Jun 10-Nov 1.... 6,748
AFA trawl catcher/processor... 2.3 4,682 n/a Jan 20-Apr 1.... 3,511
Apr 1-Jun 10.... 1,170
Jun 10-Nov 1.... 0
[[Page 469]]
Amendment 80.................. 13.4 27,277 n/a Jan 20-Apr 1.... 20,458
Apr 1-Jun 10.... 6,819
Jun 10-Nov 1.... 0
Alaska Groundfish Cooperative n/a n/a 5,079 Jan 20-Apr 1.... 3,809
\2\. Apr 1-Jun 10.... 1,270
Jun 10-Nov 1.... 0
Alaska Seafood Cooperative \2\ n/a .............. 22,198 Jan 20-Apr 1.... 16,649
Apr 1-Jun 10.... 5,550
Jun 10-Nov 1.... 0
Jig.......................... 1.4 2,850 n/a Jan 1-Apr 30.... 1,710
Apr 30-Aug 31... 570
Aug 31-Dec 31... 570
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\1\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2011
based on anticipated incidental catch in these fisheries.
\2\ Two Amendment 80 cooperatives have formed for 2011, rather than a single cooperative. The Alaska Groundfish
Cooperative category replaces a category designated as ``Amendment 80 limited access.'' Table 5b is updated to
reflect this change.
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 harvests lower than the appropriate allocations for
Pacific cod, 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. 2010-33306 Filed 12-30-10; 4:15 pm]
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