Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 467 

TABLE 3—FINAL 2010 AND 2011 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE

CDQ DIRECTED FISHING ALLOWANCES (DFA) 1—Continued 

[Amounts are in metric tons] 

Area and sector 2010 

Allocations 

2010 A season 1 2010 

B season 1

2011 

Allocations 

2011 A season 1 2011 

B season 1

A season 

DFA 

SCA 

harvest 

limit 2

B season 

DFA 

A season 

DFA 

SCA 

harvest 

limit 2

B season 

DFA 

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 

ICA7 ..................... 50 n/a n/a n/a 150 n/a n/a n/a 

1Pursuant to § 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 § 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. 3Pursuant to § 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. 4Pursuant to § 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. 5Pursuant to § 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. 6Pursuant to § 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. 7The 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 ESAlisted 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. 2010–33303 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. 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. 

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES

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

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: 

• 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 MagnusonStevens 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 § 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 

§ 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 § 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] 

Gear sector Percent Share of gear 

sector total 

Share of 

sector total 

Seasonal apportionment 

Dates Amount 

Total TAC ...................................... 100 227,950 n/a n/a ................................................. n/a 

CDQ ..................................................... 10.7 24,391 n/a see § 679.20(a)(7)(i)(B) ................. n/a 

Total hook-and-line/pot gear ................ 60.8 123,764 n/a n/a ................................................. n/a 

Hook-and-line/pot ICA1 ........................ n/a 500 n/a see § 679.20(a)(7)(ii)(B) ................ n/a 

Hook-and-line/pot sub-total .................. n/a 123,264 n/a n/a ................................................. n/a 

Hook-and-line catcher/processor ......... 48.7 n/a 98,733 Jan 1–Jun 10 ................................

Jun 10–Dec 31 ..............................

50,354 

48,379 

Hook-and-line catcher vessel ≥ 60 ft 

LOA.

0.2 n/a 405 Jan 1–Jun 10 ................................

Jun 10–Dec 31 ..............................

207 

199 

Pot catcher/processor .......................... 1.5 n/a 3,041 Jan 1–Jun 10 ................................

Sept 1–Dec 31 ..............................

1,551 

1,490 

Pot catcher vessel ≥ 60 ft LOA ............ 8.4 n/a 17,030 Jan 1–Jun 10 ................................

Sept 1–Dec 31 ..............................

8,685 

8,345 

Catcher vessel < 60 ft LOA using 

hook-and-line or pot gear.

2 n/a 4,055 n/a ................................................. n/a 

Trawl catcher vessel ............................ 22.1 44,987 n/a Jan 20–Apr 1 .................................

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

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

33,290 

4,949 

6,748 

AFA trawl catcher/processor ................ 2.3 4,682 n/a Jan 20–Apr 1 .................................

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

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

3,511 

1,170 

0 

WReier-Aviles on DSKGBLS3C1PROD with RULES

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