54792 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 

superseding the limit established by 

inseason action #9. The open period 

landing and possession limit of 60 

Chinook salmon per vessel, imposed by 

inseason action #9, was increased to 75 

Chinook salmon per vessel. No change 

was made to the open period limit of 50 

coho per vessel. Inseason action #11 

also modified the commercial fishery 

openings north of Cape Falcon that were 

scheduled Saturday through Tuesday, 

beginning July 31, 2010; openings will 

instead be Friday through Tuesday, 

beginning July 30, 2010. This action was 

taken because salmon catch rates had 

been lower than expected due to poor 

weather conditions that had limited 

fishery participation. There was concern 

that if the landing and possession limit 

for Chinook salmon was not increased 

there would be lost opportunity to 

utilize available salmon quota. On July 

29, 2010, the states recommended this 

action and the RA concurred; inseason 

action #11 took effect on July 30, 2010. 

Modification of quota and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2010 Ocean Salmon Fisheries and 

previous inseason actions. 

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason actions 

recommended by the states. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone in accordance 

with these Federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice of the 

described regulatory actions was given, 

prior to the date the action was 

effective, by telephone hotline number 

206–526–6667 and 800–662–9825, and 

by U.S. Coast Guard Notice to Mariners 

broadcasts on Channel 16 VHF-FM and 

2182 kHz. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (75 FR 24482, May 5, 2010), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

had insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data were 

collected to determine the extent of the 

fisheries, and the time the fishery 

modifications had to be implemented in 

order to ensure that fisheries are 

managed based on the best available 

scientific information, thus allowing 

fishers access to the available fish at the 

time the fish were available while 

ensuring that quotas are not exceeded. 

The AA also finds good cause to waive 

the 30–day delay in effectiveness 

required under U.S.C. 553(d)(3), as a 

delay in effectiveness of these actions 

would allow fishing at levels 

inconsistent with the goals of the 

Salmon Fishery Management Plan and 

the current management measures. 

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

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. 2010–22520 Filed 9–8–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XY84 

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; 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 


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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 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 1

A season 

DFA 

SCA harvest limit 2 B season 

DFA 

A season 

DFA 

SCA harvest limit 2 B season 

DFA 

Bering Sea subarea ...................................................... 813,000 n/a n/a n/a 1,110,000 n/a n/a n/a 

CDQ DFA ............................................................... 81,300 32,520 22,764 48,780 111,000 44,400 31,080 66,600 

ICA1 ....................................................................... 24,768 n/a n/a n/a 39,960 n/a n/a n/a 

AFA Inshore ........................................................... 353,466 140,486 98,340 212,980 479,520 191,808 134,266 287,712 

AFA Catcher/Processors 3 ..................................... 282,773 112,389 78,672 170,384 383,616 153,446 107,412 230,170 

Catch by C/Ps ................................................. 258,737 102,836 n/a 155,901 351,009 140,403 n/a 210,605 

Catch by CVs 3 ............................................... 24,036 9,553 n/a 14,483 32,607 13,043 n/a 19,564 

Unlisted C/P Limit 4 .................................. 1,414 562 n/a 852 1,918 767 n/a 1,151 

AFA Motherships ................................................... 70,693 28,097 19,668 42,596 95,904 38,362 26,853 57,542 

Excessive Harvesting ............................................. 123,714 n/a n/a n/a 167,832 n/a n/a n/a 

Limit 5

Excessive Processing Limit 6 ................................. 212,080 n/a n/a n/a 287,712 n/a n/a n/a 

Total Bering Sea DFA ................................................... 706,932 280,973 196,681 425,959 959,040 383,616 268,531 575,424 

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 50 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—3.35 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. 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 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 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 

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 


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