12214 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 

The first seasonal allowance of the 

2012 Pacific halibut PSC limit specified 

for the shallow-water species fishery by 

Amendment 80 vessels in the GOA is 10 

metric tons as established by the final 

2011 and 2012 harvest specifications for 

groundfish of the GOA (76 FR 11111, 

March 1, 2011) for the period 1200 hrs, 

A.l.t., January 20, 2012, through 1200 

hrs, A.l.t., April 1, 2012. 

In accordance with 

§ 679.20(d)(1)(vi)(C)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the first seasonal 

apportionment of the 2012 Pacific 

halibut PSC limit specified for the 

shallow-water species fishery by 

Amendment 80 vessels in the GOA has 

been reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA. The 

species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates, and ‘‘other species.’’ 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting 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 

delay the closure of the shallow-water 

species fishery by Amendment 80 

vessels subject to sideboard limits using 

trawl gear in the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of February 23, 2012. 

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. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 24, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4834 Filed 2–24–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111213751–2102–02] 

RIN 0648–XB038 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea and Aleutian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of the Aleut 

Corporation’s pollock directed fishing 

allowance and the Community 

Development Quota from the Aleutian 

Islands subarea to the Bering Sea 

subarea directed fisheries. These actions 

are necessary to provide opportunity for 

harvest of the 2012 total allowable catch 

of pollock, 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.), February 29, 2012, until 

2400 hrs, A.l.t., December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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. 

In the Aleutian Islands subarea, the 

portion of the 2012 pollock total 

allowable catch (TAC) allocated to the 

Aleut Corporation’s directed fishing 

allowance (DFA) is 15,500 metric tons 

(mt) and the Community Development 

Quota (CDQ) is 1,900 mt as established 

by the final 2012 and 2013 harvest 

specifications for groundfish in the 

BSAI (77 FR 10669, February 23, 2012). 

As of February 23, 2012, the 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) has 

determined that 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ in the Aleutian Islands 

subarea will not be harvested. 

Therefore, in accordance with 

§ 679.20(a)(5)(iii)(B)(4), NMFS 

reallocates 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ from the Aleutian Islands 

subarea to the 2012 Bering Sea subarea 

allocations. The 1,900 mt of pollock 

CDQ is added to the 2012 Bering Sea 

CDQ DFA. The remaining 10,500 mt of 

pollock is apportioned to the AFA 

Inshore sector (50 percent), AFA 

catcher/processor sector (40 percent), 

and the AFA mothership sector (10 

percent). The 2012 pollock incidental 

catch allowance remains at 32,400 mt. 

As a result, the harvest specifications for 

pollock in the Aleutian Islands subarea 

included in the final 2012 and 2013 

harvest specifications for groundfish in 

the BSAI (77 FR 10669, February 23, 

2012) are revised as follows: 5,000 mt to 

Aleut Corporation’s DFA and 0 mt to 

CDQ pollock. Furthermore, pursuant to 

§ 679.20(a)(5), Table 3 of the final 2012 

and 2013 harvest specifications for 

groundfish in the BSAI (77 FR 10669, 

February 23, 2012) is revised to make 

2012 pollock allocations consistent with 

this reallocation. This reallocation 

results in adjustments to the 2012 Aleut 

Corporation and CDQ pollock 

allocations established at § 679.20(a)(5). 


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Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12215 

TABLE 3—FINAL 2012 AND 2013 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE

CDQ DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2012 

Allocations 

2012 A season 1 2012 B 

season 1

2013 

Allocations 

2013 A season 1 2013 B 

season 1

A season 

DFA 

SCA 

harvest 

limit 2

B season 

DFA 

A season 

DFA 

SCA 

harvest 

limit 2

B season 

DFA 

Bering Sea subarea ......... 1,212,400 n/a n/a n/a 1,201,900 n/a n/a n/a 

CDQ DFA ......................... 121,900 48,760 34,132 73,140 120,190 48,076 33,653 72,114 

ICA1 ................................. 32,400 n/a n/a n/a 32,451 n/a n/a n/a 

AFA Inshore ..................... 529,050 211,620 148,134 317,430 524,629 209,852 146,896 314,778 

AFA Catcher/Processors 3 423,240 169,296 118,507 253,944 419,703 167,881 117,517 251,822 

Catch by C/Ps .................. 387,265 154,906 n/a 232,359 384,029 153,611 n/a 230,417 

Catch by CVs 3 ................. 35,975 14,390 n/a 21,585 35,675 14,270 n/a 21,405 

Unlisted C/P Limit 4 .......... 2,116 846 n/a 1,270 2,099 839 n/a 1,259 

AFA Motherships ............. 105,810 42,324 29,627 63,486 104,926 41,970 29,379 62,956 

Excessive Harvesting 

Limit 5 ............................ 185,168 n/a n/a n/a 183,620 n/a n/a n/a 

Excessive Processing 

Limit 6 ............................ 317,430 n/a n/a n/a 314,778 n/a n/a n/a 

Total Bering Sea DFA ...... 1,058,100 423,240 296,268 634,860 1,049,259 419,703 293,792 629,555 

Aleutian Islands subarea 1 6,600 n/a n/a n/a 19,000 n/a n/a n/a 

CDQ DFA ......................... 0 0 n/a 0 1,900 760 n/a 1,140 

ICA ................................... 1,600 800 n/a 800 1,600 800 n/a 800 

Aleut Corporation ............. 5,000 15,500 n/a 0 15,500 15,500 n/a 0 

Bogoslof District ICA7 ...... 150 n/a n/a n/a 150 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting 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 BS 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 BS 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. 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting 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 

delay the reallocation of AI pollock. 

Since the pollock fishery is currently 

open, it is important to immediately 

inform the industry as to the final 

Bering Sea subarea pollock allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery; allow 

the industry to plan for the fishing 

season and avoid potential disruption to 

the fishing fleet as well as processors; 

and provide opportunity to harvest 

increased seasonal pollock allocations 

while value is optimum. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of February 23, 2012. 

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. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 24, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4836 Filed 2–24–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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