Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 61639 

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 30, 2010. 

Carrie Selberg, 

Acting Director, 

Office of Sustainable Fisheries, National 

Marine Fisheries Service. 

[FR Doc. 2010–25162 Filed 10–1–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0912231441–0465–03] 

RIN 0648–AY48 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Skate Management in 

the Groundfish Fisheries of the Bering 

Sea and Aleutian Islands; Groundfish 

Annual Catch Limits for the Bering Sea 

and Aleutian Islands Management Area 

and Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

implement Amendments 95 and 96 to 

the Fishery Management Plan (FMP) for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI) and Amendment 87 to the FMP 

for Groundfish of the Gulf of Alaska 

(GOA), (collectively referred to as ‘‘the 

FMPs’’). Amendment 95 moves skates 

from the ‘‘other species’’ category to the 

‘‘target species’’ category in the FMP. 

Amendments 96 and 87 revise the FMPs 

to meet the National Standard 1 

guidelines for annual catch limits and 

accountability measures. These 

amendments move all remaining species 

groups from the ‘‘other species’’ category 

to the ‘‘target species’’ category, remove 

the ‘‘other species’’ and ‘‘non-specified 

species’’ categories from the FMPs, 

establish an ‘‘ecosystem component’’ 

category, and describe the current 

practices for groundfish fisheries 

management in the FMPs, as required 

by the guidelines. The final rule 

removes references to the ‘‘other 

species’’ category for purposes of the 

harvest specifications and adds skate 

species to the reporting codes for the 

BSAI groundfish fisheries. This action is 

intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMPs, and other applicable 

laws. 

DATES: Effective November 5, 2010. 

ADDRESSES: Electronic copies of 

Amendments 95 and 96 to the FMP for 

Groundfish of the BSAI, Amendment 87 

to the FMP for Groundfish of the GOA, 

the Environmental Assessments (EAs), 

and the Regulatory Impact Review (RIR) 

prepared for this action are available 

from NMFS Alaska Region, P.O. Box 

21668, Juneau, AK 99802 or from the 

Alaska Region NMFS Web site at 

http://www.alaskafisheries.noaa.gov/

regs/summary.htm. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Brown, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone of the BSAI and GOA are 

managed under the FMPs. The North 

Pacific Fishery Management Council 

(Council) prepared the FMPs under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1801 et seq. Regulations implementing 

the FMPs appear at 50 CFR part 679. 

General regulations governing U.S. 

fisheries also appear at 50 CFR part 600. 

Background 

Amendment 95 was unanimously 

adopted by the Council in October 2009. 

This amendment moves skates from the 

‘‘other species’’ category to the ‘‘target 

species’’ list in the BSAI FMP, allowing 

the management of skates as a target 

species complex or as individual skate 

species. NMFS trawl survey and catch 

information shows that 15 skate species 

occur in the BSAI. In the Bering Sea 

subarea, the most abundant species is 

the Alaska skate, while the most 

abundant species in the Aleutian 

Islands subarea is the whiteblotched 

skate. Individual species of skate could 

be listed under the skate complex in the 

‘‘target species’’ list during the harvest 

specifications process to allow NMFS to 

separately manage harvest of these 

individual species. 

The Council unanimously adopted 

Amendments 96 and 87 in April 2010. 

These amendments revise the FMPs to 

meet the Magnuson-Stevens Act 

requirements to establish annual catch 

limits (ACLs) and accountability 

measures (AMs), and conform to the 

National Standard 1 (NS1) guidelines 

(74 FR 3178, January 16, 2009). The 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 (MSRA), 

which was signed into law on January 

12, 2007, included new requirements 

regarding ACLs and AMs, which 

reinforce existing requirements to 

prevent overfishing and rebuild 

fisheries. The proposed rule for this 

action presents background on the NS1, 

MSRA requirements for ACLs and AMs, 

and harvest management of groundfish 

species (75 FR 41424, July 16, 2010). 

The Council submitted Amendments 

87, 95, and 96 for review by the 

Secretary of Commerce, and a notice of 

availability of the amendments was 

published in the Federal Register on 

July 2, 2010 (75 FR 38454), with 

comments on the amendments invited 

through August 31, 2010. The comments 

on the proposed rule were invited 

through August 30, 2010. The Secretary 

of Commerce approved the amendments 

to the FMPs on September 22, 2010. 

Regulatory Amendments 

This final rule revises definitions for 

‘‘groundfish,’’ ‘‘license limitation 

groundfish,’’ and ‘‘target species,’’ in 

§ 679.2, to remove reference to the 

‘‘other species’’ category. Removing the 

term ‘‘other species category’’ from these 

definitions reduces confusion related to 

target species and the harvest 

specifications, as Amendments 96 and 

87 remove the ‘‘other species’’ category 

from the FMPs for purposes of the 

harvest specifications, and leave only 

‘‘target species’’ as a category for which 

NMFS must establish harvest 

specifications. This final rule revises the 

definition for ‘‘other species’’ to allow 

the continued management of BSAI and 

GOA sharks, sculpins, and octopuses, 

and GOA squids as a group for purposes 

of prohibited species catch under 

§ 679.21 and maximum retainable 

amounts specified in Tables 10 and 11 

to part 679. 

This final rule revises § 679.20 by 

removing the term ‘‘other species 

category’’ in paragraphs related to 

harvest limits, reserves, harvest 

specifications, and fishery closures. 

This revision ensures the regulations for 

harvest specifications and ‘‘target 

species’’ management are consistent 

with Amendments 96 and 87, which 

remove ‘‘other species’’ from the FMP for 

purposes of harvest specifications and 

inseason management. 

This final rule revises § 679.25 to 

remove the ‘‘other species’’ category 

from the paragraph related to reopening 

an area to achieve total allowable catch 

(TAC) for a target species. This revision 

ensures the regulations are consistent 

with removing ‘‘other species’’ from the 

FMP for purposes of target species 

management. 

This final rule revises Table 2a to part 

679 by adding whiteblotched, Alaska, 

and Aleutian skates, as well as the 

scientific names for individual skate 

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61640 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 

species. Adding these individual skate 

species and the scientific names 

facilitates the reporting of individual 

skate species taken during groundfish 

harvest and provides more detailed 

information regarding skate harvests for 

stock assessments and fisheries 

management. This revision ensures the 

regulations are consistent with 

Amendment 95, providing the speciesspecific information to support 

managing skates as a target species 

group or as individual target species. 

Comments and Responses 

NMFS received two letters of 

comment, which included four distinct 

comments, in response to proposed 

Amendment 87 to the GOA FMP and 

Amendments 95 and 96 to the BSAI 

FMP (75 FR 41424, July 16, 2010). These 

letters were from organizations 

representing trawl catcher/processors 

targeting groundfish in the BSAI and 

GOA. NMFS made no changes to the 

final rule from the proposed rule. The 

comments are summarized and 

responded to below. 

Comment 1: The dissolution of the 

‘‘other species’’ category into its major 

taxonomic complexes and management 

of those species complexes under Tier 6 

would result in the overfishing limits 

(OFLs) and acceptable biological catch 

limits (ABCs) being frequently reached 

and cause the closure of other directed 

fisheries. These closures would provide 

no additional benefit to these species 

complexes. 

Response: The OFLs and ABCs are 

established annually by harvest 

specifications (75 FR 11778 and 75 FR 

11749, March 12, 2010). Under this final 

action, the OFLs and TACs for the 

complexes currently managed under the 

‘‘other species’’ category could be set at 

a level that may be reached during the 

fishing year. As described in Section 

1.5.2.1 in the EA for Amendments 96 

and 87, NMFS will take initial inseason 

management measures necessary to 

prevent exceeding the TACs of these 

complexes, such as closing the complex 

to directed fishing. NMFS may 

implement large scale fisheries closures 

to prevent the OFL from being exceeded 

if other actions would not adequately 

limit fishing mortality. A Tier 6 OFL is 

based on the average historical catch 

over a period of years and is used for 

stocks that do not have enough biomass 

information to be managed at Tier 5 or 

higher. In the absence of enough 

information to manage stocks at Tier 5 

or higher information level, a Tier 6 

OFL represents a reasonable means of 

preventing overfishing. Section 1.5.2.1 

of the EA for Amendments 96 and 87 

describe the tier system for setting ABCs 

and OFLs (see ADDRESSES). 

NMFS and the Council recognize the 

concern that setting OFLs based on 

historical catch may result in fisheries 

restrictions that otherwise would not be 

used if the OFL could be set based on 

the stock’s biomass. Even though it is 

not based on stock abundance, a Tier 6 

OFL is intended to meet NMFS’s legal 

obligation to prevent overfishing. It is 

necessary to break out the complexes 

from the ‘‘other species’’ category to 

ensure that the TACs and ACLs for these 

complexes can prevent overfishing. The 

Council sponsored a workshop on July 

8, 2010, to address the issues associated 

with, and alternatives to, Tier 6 

management. The Tier 6 workshop 

report was discussed at the September 

2010 Groundfish Plan Team meeting 

and is scheduled for discussion by the 

Council’s Scientific and Statistical 

Committee (SSC) in October 2010. The 

Tier 6 workshop report, Plan Team, and 

SSC minutes are available from the 

Council at http://alaskafisheries.noaa.

gov/npfmc/default.htm. One alternative 

previously adopted for a Tier 6 stock 

(squid and octopus in the GOA) was to 

set the OFL at the maximum catch of the 

stock over a set period of years. The 

Council has expressed an interest in 

developing FMP amendments to address 

these concerns. NMFS will determine 

the appropriate management measures 

to take to prevent reaching the OFL, 

including the consideration of closing 

other directed fisheries, if necessary. 

The types of management options that 

NMFS may use inseason to prevent 

overfishing are described in Section 

1.5.2.1 of the EA for Amendments 96 

and 87 (see ADDRESSES). The type of 

action to prevent overfishing may 

depend on the species, fisheries, and 

locations. 

Comment 2: NMFS inseason managers 

have the flexibility to gather fleet catch 

information in real time, and identify 

discrete areas of high incidental catch. 

This could result in fine scale closures 

for individual sectors, and avoid the 

unneeded potentially catastrophic 

economical effects associated with large 

area, fleet-wide closures. The Bering Sea 

fleet is rationalized and is managed 

under a cooperative system capable of 

assisting NMFS in fleet communication, 

data distribution, and implementing 

voluntary management measures to 

avoid large scale fleet or area closures. 

NMFS is encouraged to use its 

management flexibility to avoid large 

fleet shutdowns. 

Response: As described in the EA for 

this action, NMFS does intend to use 

small scale area and gear closures, as 

well as other inseason management 

measures short of large scale closures, to 

avoid OFL and ABC overages when 

possible. NMFS intends to work with 

the industry to achieve these goals and 

notes that cooperatives engaged in 

voluntary actions can be of great 

assistance. 

Comment 3: It is unclear what action 

NMFS can or will take when the harvest 

of one of the other species groups 

(sharks, skates, sculpins, octopus, or 

squid) approaches overfishing. 

Response: See the response to 

Comment 2. NMFS has the ability to 

implement inseason localized area and 

gear closures to prevent the ABCs from 

being reached, and the industry has 

demonstrated the ability to voluntarily 

avoid fishing in areas of high incidental 

catch (e.g., avoiding squid in the 2006 

BSAI pollock fishery). The EA prepared 

for this action discusses in detail 

possible actions NMFS could undertake 

to avoid overfishing of these stocks. The 

EA/RIR for this action is available from 

NMFS (See ADDRESSES). 

Comment 4: This action has been 

rushed with no time to request 

additional information such as fisheries 

impacts and did not attempt to quantify 

the potential cost to commercial 

fisheries. This information is necessary 

to make a considered decision. The 

action should be disapproved in favor of 

the status quo. 

Response: This action must be 

implemented in 2011 to comply with 

the provisions mandated by the 

Magnuson-Stevens Act. The EA/RIR 

prepared for this action considers the 

impacts on fisheries and potential costs 

to the industry, using the best 

information available on the economic 

impacts of this action. This analysis was 

available to the public during the public 

comment period and Secretarial review 

of the proposed amendments. The EA/ 

RIR for this action is available from 

NMFS (See ADDRESSES). As noted in the 

response to Comment 1, the Council has 

expressed an interest in considering 

FMP amendments (e.g., moving squid 

from target species to the ecosystem 

component species) to address some of 

the issues raised in the consideration of 

this action. 

Classification 

The Administrator, Alaska Region, 

NMFS, determined that the FMP 

Amendments 87, 95, and 96 are 

necessary for the conservation and 

management of the groundfish fisheries 

and that they are consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

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Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 61641 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: October 1, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For reasons set out in the preamble, 50 

CFR part 679 is amended as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447. 

■ 2. In § 679.2, revise paragraph (2) of 

the definition for ‘‘Groundfish’’, and the 

definitions of ‘‘License limitation 

groundfish’’, ‘‘Other species’’, and 

‘‘Target species’’ to read as follows: 

§ 679.2 Definitions. 

* * * * * 

Groundfish * * * 

* * * * * 

(2) Target species specified annually 

pursuant to § 679.20(a)(2) (See also the 

definitions for: License limitation 

groundfish; CDQ species; and IR/IU 

species of this section). 

* * * * * 

License limitation groundfish means 

target species specified annually 

pursuant to § 679.20(a)(2), except that 

demersal shelf rockfish east of 140° W. 

longitude, sablefish managed under the 

IFQ program, and pollock allocated to 

the Aleutian Islands directed pollock 

fishery and harvested by vessels 60 feet 

(18.3 m) LOA or less, are not considered 

license limitation groundfish. 

* * * * * 

Other species is a category of target 

species for the purpose of MRA and PSC 

management that consists of groundfish 

species in each management area. These 

target species are managed as an other 

species group and identified in Tables 

10 and 11 to this part pursuant to 

§ 679.20(e). 

* * * * * 

Target species are those species or 

species groups for which a TAC is 

specified pursuant to § 679.20(a)(2). 

* * * * * 

■ 3. In § 679.20, revise paragraphs 

(a)(1)(i) introductory text, (a)(2), (a)(3) 

introductory text, (a)(3(i), (b)(1)(i), (b)(2) 

introductory text, (c)(1)(iii), (c)(1)(iv), 

(c)(3)(ii), (c)(3)(iii), (d)(1)(i), 

(d)(1)(iii)(B), and (d)(2) to read as 

follows: 

§ 679.20 General limitations. 

(a) * * * 

(1) * * * 

(i) BSAI and GOA. The OY for BSAI 

and GOA target species is a range or 

specific amount that can be harvested 

consistently with this part, plus the 

amounts of ‘‘nonspecified species’’ taken 

incidentally to the harvest of target 

species. The species categories are 

defined in Table 1 of the specifications 

as provided in paragraph (c) of this 

section. 

* * * * * 

(2) TAC. NMFS, after consultation 

with the Council, will specify and 

apportion the annual TAC and reserves 

for each calendar year among the GOA 

and BSAI target species. TACs in the 

target species category may be split or 

combined for purposes of establishing 

new TACs with apportionments thereof 

under paragraph (c) of this section. The 

sum of the TACs so specified must be 

within the OY range specified in 

paragraph (a)(1) of this section. 

(3) Annual TAC determination. The 

annual determinations of TAC for each 

target species and the reapportionment 

of reserves may be adjusted, based upon 

a review of the following: 

(i) Biological condition of groundfish 

stocks. Resource assessment documents 

prepared annually for the Council that 

provide information on historical catch 

trend; updated estimates of the MSY of 

the groundfish complex and its 

component species groups; assessments 

of the stock condition of each target 

species; assessments of the multispecies 

and ecosystem impacts of harvesting the 

groundfish complex at current levels, 

given the assessed condition of stocks, 

including consideration of rebuilding 

depressed stocks; and alternative 

harvesting strategies and related effects 

on the component species group. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Nonspecified reserve. Fifteen 

percent of the BSAI TAC for each target 

species, except pollock, the hook-andline and pot gear allocation for 

sablefish, and the Amendment 80 

species, which includes Pacific cod, is 

automatically placed in the 

nonspecified reserve before allocation to 

any sector. The remaining 85 percent of 

each TAC is apportioned to the initial 

TAC for each target species that 

contributed to the nonspecified reserve. 

The nonspecified reserve is not 

designated by species or species group. 

Any amount of the nonspecified reserve 

may be apportioned to target species 

that contributed to the nonspecified 

reserve, provided that such 

apportionments are consistent with 

paragraph (a)(3) of this section and do 

not result in overfishing of a target 

species. 

* * * * * 

(2) GOA. Initial reserves are 

established for pollock, Pacific cod, 

flatfish, squids, octopuses, sharks, and 

sculpins, which are equal to 20 percent 

of the TACs for these species or species 

groups. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) GOA. The proposed 

specifications will specify for up to two 

fishing years the annual TAC for each 

target species and apportionments 

thereof, halibut prohibited species catch 

amounts, and seasonal allowances of 

pollock and Pacific cod. 

(iv) BSAI. The proposed specifications 

will specify for up to two fishing years 

the annual TAC for each target species 

and apportionments thereof, PSQ 

reserves and prohibited species catch 

allowances, seasonal allowances of 

pollock, Pacific cod, and Atka mackerel 

TAC (including pollock, Pacific cod, 

and Atka mackerel CDQ), and CDQ 

reserve amounts. 

* * * * * 

(3) * * * 

(ii) GOA. The final specifications will 

specify for up to two fishing years the 

annual TAC for each target species and 

apportionments thereof, halibut 

prohibited species catch amounts, and 

seasonal allowances of pollock and 

Pacific cod. 

(iii) BSAI. The final specifications 

will specify for up to two fishing years 

the annual TAC for each target species 

and apportionments thereof, PSQ 

reserves and prohibited species catch 

allowances, seasonal allowances of 

pollock (including pollock, Pacific cod, 

and Atka mackerel CDQ), and CDQ 

reserve amounts. 

* * * * * 

(d) * * * 

(1) * * * 

(i) General. If the Regional 

Administrator determines that any 

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61642 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 

allocation or apportionment of a target 

species specified under paragraph (c) of 

this section has been or will be reached, 

the Regional Administrator may 

establish a directed fishing allowance 

for that species or species group. 

* * * * * 

(iii) * * * 

(B) Retention of incidental species. 

Except as described in § 679.20(e)(3)(iii), 

if directed fishing for a target species or 

species group is prohibited, a vessel 

may not retain that incidental species in 

an amount that exceeds the maximum 

retainable amount, as calculated under 

paragraphs (e) and (f) of this section, at 

any time during a fishing trip. 

* * * * * 

(2) Groundfish as prohibited species 

closure. When the Regional 

Administrator determines that the TAC 

of any target species specified under 

paragraph (c) of this section, or the 

share of any TAC assigned to any type 

of gear, has been or will be achieved 

prior to the end of a year, NMFS will 

publish notification in the Federal 

Register requiring that target species be 

treated in the same manner as a 

prohibited species, as described under 

§ 679.21(b), for the remainder of the 

year. 

* * * * * 

■ 4. In § 679.25, revise paragraph 

(a)(2)(iii)(D) to read as follows: 

§ 679.25 Inseason adjustments. 

(a) * * * 

(2) * * * 

(iii) * * * 

(D) Reopening of a management area 

or season to achieve the TAC or gear 

share of a TAC for any of the target 

species. 

* * * * * 

■ 5. Revise Table 2a to part 679 to read 

as follows: 

TABLE 2A TO PART 679—SPECIES

CODES: FMP GROUNDFISH

Species description Code 

Atka mackerel (greenling) .................. 193 

Flatfish, miscellaneous (flatfish species without separate codes) .......... 120 

Flounder: 

Alaska plaice ................................... 133 

Arrowtooth and/or Kamchatka ........ 121 

Starry ............................................... 129 

Octopus, North Pacific ........................ 870 

Pacific cod .......................................... 110 

Pollock ................................................ 270 

Rockfish: 

Aurora (Sebastes aurora) ............... 185 

Black (BSAI) (S. melanops) ............ 142 

Blackgill (S. melanostomus) ........... 177 

Blue (BSAI) (S. mystinus) ............... 167 

Bocaccio (S. paucispinis) ................ 137 

TABLE 2A TO PART 679—SPECIES

CODES: FMP GROUNDFISH—Continued 

Species description Code 

Canary (S. pinniger) ........................ 146 

Chilipepper (S. goodei) ................... 178 

China (S. nebulosus) ...................... 149 

Copper (S. caurinus) ....................... 138 

Darkblotched (S. crameri) ............... 159 

Dusky (S. variabilis) ........................ 172 

Greenstriped (S. elongatus) ............ 135 

Harlequin (S. variegatus) ................ 176 

Northern (S. polyspinis) .................. 136 

Pacific Ocean Perch (S. alutus) ..... 141 

Pygmy (S. wilsoni) .......................... 179 

Quillback (S. maliger) ..................... 147 

Redbanded (S. babcocki) ............... 153 

Redstripe (S. proriger) .................... 158 

Rosethorn (S. helvomaculatus) ...... 150 

Rougheye (S. aleutianus) ............... 151 

Sharpchin (S. zacentrus) ................ 166 

Shortbelly (S. jordani) ..................... 181 

Shortraker (S. borealis) ................... 152 

Silvergray (S. brevispinis) ............... 157 

Splitnose (S. diploproa) .................. 182 

Stripetail (S. saxicola) ..................... 183 

Thornyhead (all Sebastolobus species) ............................................. 143 

Tiger (S. nigrocinctus) ..................... 148 

Vermilion (S. miniatus) .................... 184 

Widow (S. entomelas) ..................... 156 

Yelloweye (S. ruberrimus) .............. 145 

Yellowmouth (S. reedi) ................... 175 

Yellowtail (S. flavidus) ..................... 155 

Sablefish (blackcod) ........................... 710 

Sculpins .............................................. 160 

Sharks: 

Other (if salmon, spiny dogfish or 

Pacific sleeper shark—use specific species code) ....................... 689 

Pacific sleeper ................................. 692 

Salmon ............................................ 690 

Spiny dogfish .................................. 691 

Skates: 

Whiteblotched (Bathyraja maculata) 705 

Aleutian (B. aleutica) ....................... 704 

Alaska (B. parmifera) ...................... 703 

Big (Raja binoculata) ...................... 702 

Longnose (R. rhina) ........................ 701 

Other (if Whiteblotched, Aleutian, 

Alaska, Big, or Longnose—use 

specific species code listed 

above) .......................................... 700 

Sole: 

Butter ............................................... 126 

Dover ............................................... 124 

English ............................................ 128 

Flathead .......................................... 122 

Petrale ............................................. 131 

Rex .................................................. 125 

Rock ................................................ 123 

Sand ................................................ 132 

Yellowfin .......................................... 127 

Squid, majestic ................................... 875 

Turbot, Greenland .............................. 134 

[FR Doc. 2010–25202 Filed 10–5–10; 8:45 am] 

BILLING CODE 3310–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0911031392–0457–02] 

RIN 0648–AY34 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Modified Nonpelagic 

Trawl Gear and Habitat Conservation 

in the Bering Sea Subarea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS hereby issues a final 

rule that implements Amendment 94 to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP). Amendment 94 requires 

participants using nonpelagic trawl gear 

in the directed fishery for flatfish in the 

Bering Sea subarea to modify the trawl 

gear to raise portions of the gear off the 

ocean bottom. Amendment 94 also 

changes the boundaries of the Northern 

Bering Sea Research Area to establish 

the Modified Gear Trawl Zone (MGTZ) 

and to expand the Saint Matthew Island 

Habitat Conservation Area. Nonpelagic 

trawl gear also is required to be 

modified to raise portions of the gear off 

the ocean bottom if used in any directed 

fishery for groundfish in the MGTZ. 

This action is necessary to reduce 

potential adverse effects of nonpelagic 

trawl gear on bottom habitat, to protect 

additional blue king crab habitat near 

St. Matthew Island, and to allow for 

efficient flatfish harvest as the 

distribution of flatfish in the Bering Sea 

changes. This action is intended to 

promote the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

FMP, and other applicable laws. 

DATES: Effective January 20, 2011. 

ADDRESSES: Electronic copies of 

Amendment 94, maps of the action area, 

the Environmental Assessment/ 

Regulatory Impact Review/Initial 

Regulatory Flexibility Analysis (EA/ 

RIR/IRFA), and Environmental 

Assessment/Regulatory Impact Review/ 

Final Regulatory Flexibility Analysis 

(EA/RIR/FRFA) prepared for this action 

may be obtained from NMFS Alaska 

Region, P.O. Box 21668, Juneau, AK 

99802, or from the Alaska Region Web 

site at http://alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Brown, 907–586–7228. 

WReier-Aviles on DSKGBLS3C1PROD with RULES