[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Rules and Regulations]
[Pages 1539-1541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-393]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA129
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2011 Bering Sea and Aleutian Islands Atka Mackerel
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.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the 2011 total allowable catch (TAC) amount
for the Bering Sea and Aleutian Island management area (BSAI) Atka
mackerel fishery. This action is necessary because NMFS has determined
this TAC is incorrectly specified. This action will ensure the BSAI
Atka mackerel TAC is the appropriate amount, based on the best
available scientific information for Atka mackerel in the BSAI. This
action is consistent with the goals and
[[Page 1540]]
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 11,
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superseded through publication of a notification in the Federal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 26, 2011.
ADDRESSES: Send comments to James W. Balsiger, Administrator, Alaska
Region, NMFS, Attn: Ellen Sebastian. You may submit comments,
identified by RIN 0648-XA129, 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 Atka mackerel TAC in the BSAI was set at 20,900 metric
tons (mt) in the Eastern Aleutian District and the Bering Sea subarea,
26,000 mt in the Central Aleutian District, and 18,100 mt in the
Western Aleutian District 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 Atka mackerel TACs
of 40,300 metric tons (mt) in the Eastern Aleutian District and the
Bering Sea subarea, 12,800 mt in the Central Aleutian District, and
1,500 mt in the Western Aleutian District. These amounts are more in
the Eastern Aleutian District and Bering Sea subarea, and less in the
Central Aleutian District and Western Aleutian District than
established by the final 2010 and 2011 harvest specification for
groundfish in the BSAI (75 FR 11778, March 12, 2010). The TACs
recommended by the Council are 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)(8)(ii)(A) apportion the Atka
mackerel TAC allocated to the BSAI Atka mackerel trawl fisheries
seasonally to distribute catch over time because Atka mackerel 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)(1)(iii) & (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 Atka mackerel TAC is incorrectly specified.
Consequently, the Regional Administrator is adjusting the 2011 Atka
mackerel TACs to 40,300 mt in the Eastern Aleutian District and Bering
Sea subarea, 11,280 mt in the Central Aleutian District, and 1,500 mt
in the Western Aleutian District.
Pursuant to Sec. 679.20(a)(8), Table 4 of the final 2010 and 2011
harvest specifications for groundfish in the BSAI (75 FR 11778, March
12, 2010) is revised for the 2011 Atka mackerel TAC consistent with
this adjustment. Table 4 includes the Steller sea lion protection
measures effective January 1, 2011 (75 FR 77535, December 13, 2010), to
insure that the BSAI groundfish fisheries off Alaska are not likely to
jeopardize the continued existence of the western distinct population
segment of Steller sea lions or adversely modify its designated
critical habitat.
Table 4--Final 2011 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2011 allocation by area
--------------------------------------
Eastern Central
Sector \1\ Season \2\ \3\ \4\ Aleutian Aleutian Western
District/ District Aleutian
Bering Sea \5\ District
----------------------------------------------------------------------------------------------------------------
TAC....................................... n/a.......................... 40,300 11,280 1,500
CDQ reserve............................... Total........................ 4,312 1,207 161
A............................ 2,156 603 80
Critical habitat \5\......... n/a 60 n/a
B............................ 2,156 603 80
Critical habitat \5\......... n/a 60 n/a
ICA....................................... Total........................ 75 75 40
Jig \6\................................... Total........................ 180 0 0
BSAI trawl limited access................. Total........................ 2,859 800 0
A............................ 1,429 400 0
B............................ 1,429 400 0
[[Page 1541]]
Amendment 80 sectors...................... Total........................ 32,875 9,198 1,300
A............................ 16,437 4,599 650
B............................ 16,437 4,599 650
Alaska Groundfish Cooperative............. Total........................ 19,181 5,389 755
A............................ 9,591 2,695 377
Critical habitat \5\......... n/a 269 n/a
B............................ 9,591 2,695 377
Critical habitat \5\......... n/a 269 n/a
Alaska Seafood Cooperative................ Total........................ 13,694 3,809 545
A............................ 6,847 1,904 272
Critical habitat \5\......... n/a 190 n/a
B............................ 6,847 1,904 272
Critical habitat \5\......... n/a 190 n/a
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear
allocation, and ICAs to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679
and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec. Sec.
679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to November 1.
\5\ Section 679.20(a)(8)(ii)(C) requires the TAC in area 542 shall be no more than 47% of ABC, and Amendment 80
cooperatives and CDQ groups are allowed limited to no more than 10% of an allocation may be harvested within
waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described on Table 12 to this part.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea
subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this
allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
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 other than the appropriate allocations for Atka
mackerel, 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 25,
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 26, 2011.
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 6, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries,National Marine
Fisheries Service.
[FR Doc. 2011-393 Filed 1-10-11; 8:45 am]
BILLING CODE 3510-22-P