[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 469-471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33308]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XA119


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2011 Gulf of Alaska Pollock and Pacific Cod Total 
Allowable Catch Amounts

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) amounts 
for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This 
action is necessary because NMFS has determined these TACs are 
incorrectly specified, and will ensure the GOA pollock and Pacific cod 
TACs are the appropriate amounts based on the best available scientific 
information for pollock and Pacific cod in the GOA. This action is 
consistent with the goals and objectives of the Fishery Management Plan 
for Groundfish of the Gulf of Alaska.

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 GOA 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superseded through publication of a notification in the Federal 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-XA119, by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: (907) 586-7557.
    <bullet> 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. Comments 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

[[Page 470]]

Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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 final 2010 and 2011 harvest specifications for groundfish in 
the GOA (75 FR 11749, March 12, 2010) set the 2011 pollock TAC at 
109,105 metric tons (mt) and the 2011 Pacific cod TAC at 73,719 mt in 
the GOA. In December 2010, the Council recommended a 2011 pollock TAC 
of 96,215 mt for the GOA, which is less than the 109,105 mt established 
by the final 2010 and 2011 GOA harvest specifications. The Council also 
recommended a 2011 Pacific cod TAC of 65,100 mt for the GOA, which is 
less than the 73,719 mt established by the final 2010 and 2011 harvest 
specifications for groundfish in the GOA. The Council's recommended 
2011 TACs, and the area and seasonal apportionments, 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 these fisheries.
    Steller sea lions occur in the same location as the pollock and 
Pacific cod fisheries and are listed as endangered under the Endangered 
Species Act (ESA). Pollock and Pacific cod are a principal prey species 
for Steller sea lions in the GOA. The seasonal apportionment of pollock 
and Pacific cod harvest is necessary to ensure the groundfish fisheries 
are not likely to cause jeopardy of extinction or adverse modification 
of critical habitat for Steller sea lions. The regulations at Sec.  
679.20(a)(5)(iv) specify how the pollock TAC will be apportioned. The 
regulations at Sec.  679.20(a)(6)(ii) and Sec.  679.20(a)(12)(i) 
specify how the Pacific cod TAC shall be apportioned.
    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 
GOA pollock and Pacific cod TACs are incorrectly specified. 
Consequently, pursuant to Sec.  679.25(a)(1)(iii), the Regional 
Administrator is adjusting the 2011 GOA pollock TAC to 96,215 mt and 
the 2011 GOA Pacific cod TAC to 65,100 mt.
    Pursuant to Sec.  679.20(a)(5)(iv), Table 6 of the final 2010 and 
2011 harvest specifications for groundfish in the GOA (75 FR 11749, 
March 12, 2010) is revised for the 2011 pollock TACs in the Western, 
Central, and Eastern GOA consistent with this adjustment.

Table 6--Final 2011 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Percentage Seasonal Biomass Distribution,
                                               Area Apportionments; and Seasonal Allowances of Annual TAC
                                                     [Values are rounded to the nearest metric ton]
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Season                                                            Shumagin (Area 610)
                                                                  Chirikof (Area 620)
                                                                   Kodiak (Area 630)       Total \1\
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A (Jan 20-Mar 10)............................................        4,786       22.62%       11,895       56.22%        4,475       21.15%       21,159
B (Mar 10-May 31)............................................        4,786       22.62%       14,231       67.26%        2,139       10.11%       21,158
C (Aug 25-Oct 1).............................................        8,729       41.25%        5,619       26.55%        6,812       32.19%       21,158
D (Oct 1-Nov 1)..............................................        8,729       41.25%        5,619       26.55%        6,812       32.19%       21,158
                                                              ------------------------------------------------------------------------------------------
    Annual Total.............................................       27,030  ...........       37,364  ...........       20,237  ...........       84,631
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\1\ The West Yakutat and Southeast Outside District pollock TACs (2,339 and 9,245, respectively) are not allocated by season and are not included in the
  total pollock TACs shown in this table.
Note: As established by Sec.   679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to
  May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore
  components are not shown in this table.

    Pursuant to Sec.  679.20(a)(6)(ii) and Sec.  679.20(a)(12)(i), 
Table 8 of the final 2010 and 2011 harvest specifications for 
groundfish in the GOA (75 FR 11749, March 12, 2010) is revised for the 
2011 Pacific cod TACs in the Western, Central, and Eastern GOA 
consistent with this adjustment.

  Table 8--Final 2011 Seasonal Apportionments and Allocation of Pacific Cod TAC Amounts in the Gulf of Alaska;
                        Allocations for Processing by the Inshore and Offshore Components
                                 [Values are rounded to the nearest metric ton]
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                                                                                   Component allocation \1\
          Regulatory area                    Season                TAC       -----------------------------------
                                                                                Inshore (90%)    Offshore (10%)
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Western............................  Annual...............            22,785            20,506             2,279
                                     A season (60%).......            13,671            12,303             1,367
                                     B season (40%).......             9,114             8,202               911
Central............................  Annual...............            40,362            36,326             4,036
                                     A season (60%).......            24,217            21,795             2,422
                                     B season (40%).......            16,145            14,530             1,614
Eastern............................  Annual...............             1,953             1,758               195
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                                      Total...............            65,100            58,590             6,510
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\1\ Seasonal apportionments may not total precisely due to due to rounding.


[[Page 471]]

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 allow for harvests that exceed 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. 2010-33308 Filed 12-30-10; 4:15 pm]
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