Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 469 

TABLE 5B—FINAL 2011 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—Continued 

[Amounts are in metric tons] 

Gear sector Percent Share of gear 

sector total 

Share of 

sector total 

Seasonal apportionment 

Dates Amount 

Amendment 80 ..................................... 13.4 27,277 n/a Jan 20–Apr 1 .................................

Apr 1–Jun 10 .................................

Jun 10–Nov 1 ................................

20,458 

6,819 

0 

Alaska Groundfish Cooperative 2 ......... n/a n/a 5,079 Jan 20–Apr 1 .................................

Apr 1–Jun 10 .................................

Jun 10–Nov 1 ................................

3,809 

1,270 

0 

Alaska Seafood Cooperative 2 ............. n/a ........................ 22,198 Jan 20–Apr 1 .................................

Apr 1–Jun 10 .................................

Jun 10–Nov 1 ................................

16,649 

5,550 

0 

Jig ......................................................... 1.4 2,850 n/a Jan 1–Apr 30 .................................

Apr 30–Aug 31 ..............................

Aug 31–Dec 31 .............................

1,710 

570 

570 

1The 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. 2Two 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 § 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 § 679.22 

and § 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] 

BILLING CODE 3510–22–P 

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. 

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: 

• 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. 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 

WReier-Aviles on DSKGBLS3C1PROD with RULES

470 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 

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 

§ 679.20(a)(5)(iv) specify how the 

pollock TAC will be apportioned. The 

regulations at § 679.20(a)(6)(ii) and 

§ 679.20(a)(12)(i) specify how the Pacific 

cod TAC shall be apportioned. 

In accordance with 

§ 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 § 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 § 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] 

Season Shumagin (Area 610) Chirikof (Area 620) Kodiak (Area 630) Total 1

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 

1The 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 § 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 § 679.20(a)(6)(ii) and 

§ 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] 

Regulatory area Season TAC 

Component allocation 1

Inshore (90%) Offshore (10%) 

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 

Total .................................................. 65,100 58,590 6,510 

1Seasonal apportionments may not total precisely due to due to rounding. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 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 § 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 § 679.22 

and § 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] 

BILLING CODE 3510–22–P 

WReier-Aviles on DSKGBLS3C1PROD with RULES