[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 467-469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33306]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XA120


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2011 Bering Sea and Aleutian Islands Pacific Cod 
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 and Aleutian Islands (BSAI) Pacific cod fishery. 
This action is necessary because NMFS has

[[Page 468]]

determined this TAC is incorrectly specified. This action will ensure 
the BSAI Pacific cod TAC is the appropriate amount, based on the best 
available scientific information for Pacific cod in the BSAI. 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superseded through publication of a notification in the Federal 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-XA120, 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 Pacific cod TAC in the BSAI was set at 207,580 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 Pacific cod TAC of 
227,950 mt for the BSAI. This amount is more than the 207,580 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)(7)(i)(B) apportion the Pacific cod 
TAC allocated to the Bering Sea directed Pacific cod fisheries 
seasonally to distribute catch over time because Pacific cod 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 
BSAI Pacific cod TAC is incorrectly specified. Consequently, the 
Regional Administrator is adjusting the 2011 Pacific cod TAC to 227,950 
mt in the BSAI.
    Pursuant to Sec.  679.20(a)(7), Table 5b of the final 2010 and 2011 
harvest specifications for groundfish in the BSAI (75 FR 11778, March 
12, 2010) is revised for the 2011 Pacific cod TAC consistent with this 
adjustment.

              Table 5b--Final 2011 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                     Seasonal apportionment
          Gear sector               Percent      Share of gear     Share of    ---------------------------------
                                                 sector total    sector total         Dates           Amount
----------------------------------------------------------------------------------------------------------------
    Total TAC.................             100         227,950             n/a  n/a.............             n/a
----------------------------------------------------------------------------------------------------------------
CDQ...........................            10.7          24,391             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(i)
                                                                                 (B).
Total hook-and-line/pot gear..            60.8         123,764             n/a  n/a.............             n/a
Hook-and-line/pot ICA \1\.....             n/a             500             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(ii
                                                                                 )(B).
Hook-and-line/pot sub-total...             n/a         123,264             n/a  n/a.............             n/a
Hook-and-line catcher/                    48.7             n/a          98,733  Jan 1-Jun 10....          50,354
 processor.                                                                     Jun 10-Dec 31...          48,379
Hook-and-line catcher vessel               0.2             n/a             405  Jan 1-Jun 10....             207
 [gteqt] 60 ft LOA.                                                             Jun 10-Dec 31...             199
Pot catcher/processor.........             1.5             n/a           3,041  Jan 1-Jun 10....           1,551
                                                                                Sept 1-Dec 31...           1,490
Pot catcher vessel [gteqt] 60              8.4             n/a          17,030  Jan 1-Jun 10....           8,685
 ft LOA.                                                                        Sept 1-Dec 31...           8,345
Catcher vessel < 60 ft LOA                   2             n/a           4,055  n/a.............             n/a
 using hook-and-line or pot
 gear.
 Trawl catcher vessel.........            22.1          44,987             n/a  Jan 20-Apr 1....          33,290
                                                                                Apr 1-Jun 10....           4,949
                                                                                Jun 10-Nov 1....           6,748
AFA trawl catcher/processor...             2.3           4,682             n/a  Jan 20-Apr 1....           3,511
                                                                                Apr 1-Jun 10....           1,170
                                                                                Jun 10-Nov 1....               0

[[Page 469]]

 
Amendment 80..................            13.4          27,277             n/a  Jan 20-Apr 1....          20,458
                                                                                Apr 1-Jun 10....           6,819
                                                                                Jun 10-Nov 1....               0
Alaska Groundfish Cooperative              n/a             n/a           5,079  Jan 20-Apr 1....           3,809
 \2\.                                                                           Apr 1-Jun 10....           1,270
                                                                                Jun 10-Nov 1....               0
Alaska Seafood Cooperative \2\             n/a  ..............          22,198  Jan 20-Apr 1....          16,649
                                                                                Apr 1-Jun 10....           5,550
                                                                                Jun 10-Nov 1....               0
 Jig..........................             1.4           2,850             n/a  Jan 1-Apr 30....           1,710
                                                                                Apr 30-Aug 31...             570
                                                                                Aug 31-Dec 31...             570
----------------------------------------------------------------------------------------------------------------
\1\ The 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.
\2\ Two 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 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. 2010-33306 Filed 12-30-10; 4:15 pm]
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