[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 466-467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33303]



[[Page 466]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XA121


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2011 Bering Sea Pollock 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 pollock fishery. This action is necessary because 
NMFS has determined this TAC is incorrectly specified. This action will 
ensure the Bering Sea pollock TAC is the appropriate amount based on 
the best available scientific information for pollock in the Bering Sea 
subarea. 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superseded through publication of a notification in the Federal 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-XA121, 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. 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 pollock TAC in the Bering Sea subarea was set at 1,110,000 
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 pollock TAC of 
1,252,000 mt for the Bering Sea subarea. This amount is more than the 
1,110,000 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)(5)(i)(B) apportion the pollock TAC 
allocated to the Bering Sea directed pollock fisheries seasonally to 
distribute catch over time because pollock 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 
Bering Sea pollock TAC is incorrectly specified. Consequently, the 
Regional Administrator is adjusting the 2011 pollock TAC to 1,252,000 
mt in the Bering Sea subarea.
    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 a reallocation of a portion of the 2010 
incidental catch allowance (75 FR 54792, September 9, 2010), is revised 
for the 2011 pollock TACs consistent with this adjustment.

     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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                2010 A season \1\        2010 B                        2011 A season \1\        2011 B
                                                           --------------------------  season \1\                 --------------------------  season \1\
              Area and sector                    2010                        SCA     -------------      2011                        SCA     ------------
                                              Allocations     A season     harvest      B season     Allocations     A season     harvest      B season
                                                                DFA       limit \2\       DFA                          DFA       limit \2\       DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea........................         813,000          n/a          n/a          n/a       1,252,000          n/a          n/a          n/a
CDQ DFA...................................          81,300       32,520       22,764       48,780         125,200       50,080       35,056       75,120
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         546,498      218,599      153,019      327,899
AFA Catcher/Processors \3\................         282,773      112,389       78,672      170,384         437,198      174,879      122,416      262,319
Catch by C/Ps.............................         258,737      102,836          n/a      155,901         400,037      160,015          n/a      240,022
Catch by CVs \3\..........................          24,036        9,553          n/a       14,483          37,162       14,865          n/a       22,297

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Unlisted C/P Limit \4\....................           1,414          562          n/a          852           2,186          874          n/a        1,312
AFA Motherships...........................          70,693       28,097       19,668       42,596         109,300       43,720       30,604       65,580
Excessive Harvesting Limit \5\............         123,714          n/a          n/a          n/a         191,274          n/a          n/a          n/a
Excessive Processing Limit \6\............         212,080          n/a          n/a          n/a         327,899          n/a          n/a          n/a
                                           -------------------------------------------------------------------------------------------------------------
    Total Bering Sea DFA..................         706,932      280,973      196,681      425,959       1,092,996      437,198      306,039      655,798
Aleutian Islands subarea \1\..............          19,000          n/a          n/a          n/a          19,000          n/a          n/a          n/a
CDQ DFA...................................           1,900          760          n/a        1,140           1,900          760          n/a        1,140
ICA.......................................           1,600          800          n/a          800           1,600          800          n/a          800
Aleut Corporation.........................          15,500       15,500          n/a            0          15,500       15,500          n/a            0
Bogoslof District ICA \7\.................              50          n/a          n/a          n/a             150          n/a          n/a          n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.
\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 require the Bering Sea pollock harvests to be lower than the 
appropriate allocations for pollock 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. 2010-33303 Filed 12-30-10; 4:15 pm]
BILLING CODE 3510-22-P