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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XY84
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Temporary rule; reallocation.
 SUMMARY: NMFS is reallocating the projected unused amounts of the 2010 pollock incidental catch allowance (ICA) to the directed fisheries in the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2010 total allowable catch (TAC) of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP).
 DATES: Effective September 3, 2010, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2010.
 FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.


SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands Management Area (BSAI) according to the FMP prepared by the North Pacific Fishery Management 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. In the Bering Sea subarea, the portion of the 2010 pollock TAC allocated to the ICA is 29,268 mt as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). As of September 2, 2010, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that the ICA has been set too high: 4,500 mt of the 2010 pollock ICA in the Bering Sea subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(i)(A)(
                    *1*), NMFS reallocates 4,500 mt of the 2010 pollock ICA to the directed fisheries in the Bering Sea subarea. As a result, in accordance with § 679.20(a)(5)(i)(A)(
                    *3*), (
                    *4*), and (
                    *5*), the 2010 harvest specifications for pollock in the Bering Sea subarea included in the final harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010) are revised as follows: 24,768 mt to the pollock ICA, 212,980 mt to B season AFA catcher vessels harvesting pollock for processing by AFA inshore processors, 170,384 mt to B season AFA catcher/processors and AFA catcher vessels delivering pollock to catcher/processors, and 42,596 mt to B season AFA catcher vessels harvesting pollock for processing by AFA motherships. This will enhance the socioeconomic well-being of harvesters dependent upon Pacific cod in this area. The Regional Administrator considered the following factors in reaching this decision: (1) The current catch of Pacific cod by the applicable BSAI sectors and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in the sectors participating in this fishery. Furthermore, pursuant to § 679.20(a)(5)(i), Table 3 of the final 2010 and 2011 final harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010) is 
                    ( print page 54793)
                    revised for 2010 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2010 pollock ICA and directed fisheries in the Bering Sea subarea established at § 679.20(a)(5)(i)(A). Table 3—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]
Area and sector
2010 Allocations
2010 A season 1
2010 B season 1
2011 Allocations
2011 A season 1
2011 B season 1A season DFA
SCA harvest limit 2
B season DFA
A season DFA
SCA harvest limit 2
B season DFABering Sea subarea
813,000
n/a
n/a
n/a
1,110,000
n/a
n/a
n/aCDQ DFA
81,300
32,520
22,764
48,780
111,000
44,400
31,080
66,600ICA 1
24,768
n/a
n/a
n/a
39,960
n/a
n/a
n/aAFA Inshore
353,466
140,486
98,340
212,980
479,520
191,808
134,266
287,712AFA Catcher/Processors 3
282,773
112,389
78,672
170,384
383,616
153,446
107,412
230,170Catch by C/Ps
258,737
102,836
n/a
155,901
351,009
140,403
n/a
210,605Catch by CVs 3
24,036
9,553
n/a
14,483
32,607
13,043
n/a
19,564Unlisted C/P Limit 4
1,414
562
n/a
852
1,918
767
n/a
1,151AFA Motherships
70,693
28,097
19,668
42,596
95,904
38,362
26,853
57,542Excessive Harvesting
123,714
n/a
n/a
n/a
167,832
n/a
n/a
n/aLimit 5Excessive Processing Limit 6
212,080
n/a
n/a
n/a
287,712
n/a
n/a
n/aTotal Bering Sea DFA
706,932
280,973
196,681
425,959
959,040
383,616
268,531
575,424Aleutian Islands subarea 1
19,000
n/a
n/a
n/a
19,000
n/a
n/a
n/aCDQ DFA
1,900
760
n/a
1,140
1,900
760
n/a
1,140ICA
1,600
800
n/a
800
1,600
800
n/a
800Aleut Corporation
15,500
15,500
n/a
0
15,500
15,500
n/a
0Bogoslof District ICA 7
50
n/a
n/a
n/a
50
n/a
n/a
n/a1
                         Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA—10 percent and the ICA—3.35 percent, is allocated as a DFA as follows: inshore component—50 percent, catcher/processor component—40 percent, and mothership component—10 percent. In the Bering Sea subarea, the A season, January 20-June 10, is allocated 40 percent of the DFA and the B season, June 10-November 1, is allocated 60 percent of the DFA. 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—1,800 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 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.3
                         Pursuant 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.4
                         Pursuant 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.5
                         Pursuant 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 pollock DFAs.6
                         Pursuant 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 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 delay the reallocation of pollock in the Bering Sea subarea. 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 B season pollock allocations while value is optimum. 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: September 3, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.


[FR Doc. 2010-22498 Filed 9-3-10; 4:15 pm] BILLING CODE 3510-22-P