[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Rules and Regulations]
[Pages 6083-6084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2417]
[[Page 6083]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA151
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.
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SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut
Corporation's pollock directed fishing allowance and the Community
Development Quota from the Aleutian Islands subarea to the Bering Sea
subarea directed fisheries. These actions are necessary to provide
opportunity for harvest of the 2011 total allowable catch of pollock,
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.), February 3,
2011, until the effective date of the final 2011 and 2012 harvest
specifications for Bering Sea and Aleutian Islands (BSAI) groundfish,
unless otherwise modified or superseded through publication of a
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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.
In the Aleutian Islands subarea, the portion of the 2011 pollock
total allowable catch (TAC) allocated to the Aleut Corporation's
directed fishing allowance (DFA) is 15,500 metric tons (mt) and the
Community Development Quota (CDQ) is 1,900 mt as established by the
final 2010 and 2011 harvest specifications for groundfish in the BSAI
(75 FR 11778, March 12, 2010), as adjusted by two inseason adjustments
(75 FR 54792, September 9, 2010 and 76 FR 466, January 5, 2011).
As of January 28, 2011, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that 12,500 mt of Aleut
Corporation's DFA and 1,900 mt of pollock CDQ in the Aleutian Islands
subarea will not be harvested. Therefore, in accordance with Sec.
679.20(a)(5)(iii)(B)(4), NMFS proportionally reallocates 12,500 mt of
Aleut Corporation's DFA and 1,900 mt of pollock CDQ from the Aleutian
Islands subarea to the 2011 Bering Sea subarea allocations. The 1,900
mt of pollock CDQ is added to the 2011 Bering Sea CDQ DFA. The
remaining 12,500 mt of pollock is apportioned to the AFA Inshore sector
(50 percent), AFA catcher/processor sector (40 percent), and the AFA
mothership sector (10 percent). The 2011 pollock incidental catch
allowance remains at 33,804 mt. As a result, the harvest specifications
for pollock in the Aleutian Islands subarea included in the final
harvest 2010 and 2011 specifications for groundfish in the BSAI (75 FR
11778, March 12, 2010) are revised as follows: 3,000 mt to Aleut
Corporation's DFA and 0 mt to CDQ pollock. Furthermore, 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 two inseason adjustments (75 FR 54792, September
9, 2010 and 76 FR 466, January 5, 2011), is revised to make 2011
pollock allocations consistent with this reallocation. This
reallocation results in proportional adjustments to the 2011 Aleut
Corporation and CDQ pollock allocations established at Sec.
679.20(a)(5).
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
2010 ---------------------------- season \1\ 2011 ---------------------------- season \1\
Area and sector Allocations SCA harvest -------------- Allocations SCA harvest -------------
A season DFA limit \2\ B season DFA A season DFA limit \2\ B season DFA
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Bering Sea subarea...................... 813,000 n/a n/a n/a 1,266,400 n/a n/a n/a
CDQ DFA............................. 81,300 32,520 22,764 48,780 127,100 50,840 35,588 76,260
ICA \1\............................. 24,768 n/a n/a n/a 33,804 n/a n/a n/a
AFA Inshore......................... 353,466 140,486 98,340 212,980 552,748 221,099 154,769 331,649
AFA Catcher/Processors \3\.......... 282,773 112,389 78,672 170,384 442,198 176,879 123,816 265,319
Catch by C/Ps................... 258,737 102,836 n/a 155,901 404,612 161,845 n/a 242,767
Catch by CVs \3\................ 24,036 9,553 n/a 14,483 37,587 15,035 n/a 22,552
Unlisted C/P Limit \4\...... 1,414 562 n/a 852 2,211 884 n/a 1,327
AFA Motherships..................... 70,693 28,097 19,668 42,596 110,550 44,220 30,954 66,330
Excessive Harvesting Limit \5\.. 123,714 n/a n/a n/a 193,462 n/a n/a n/a
Excessive Processing Limit \6\.. 212,080 n/a n/a n/a 331,649 n/a n/a n/a
Total Bering Sea non-CDQ DFA............ 706,932 280,973 196,681 425,959 1,105,496 442,198 309,539 663,298
Aleutian Islands subarea \1\............ 19,000 n/a n/a n/a 4,600 n/a n/a n/a
CDQ DFA............................. 1,900 760 n/a 1,140 0 0 n/a 0
ICA................................. 1,600 800 n/a 800 1,600 800 n/a 800
Aleut Corporation................... 15,500 15,500 n/a 0 3,000 3,000 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.
[[Page 6084]]
\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 delay the reallocation of AI pollock. 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
seasonal pollock allocations while value is optimum. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of January 28, 2011.
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: January 31, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-2417 Filed 2-2-11; 8:45 am]
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