Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2010 Bering Sea Pollock Total Allowable Catch Amount, 68715-68717 [E9-30533]

Download as PDF Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations 68715 TABLE 8–FINAL 2010 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF OF ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS (values are rounded to the nearest metric ton) Component allocation Regulatory area Season TAC Inshore (90%) Offshore (10%) Western Annual A season (60%) B season (40%) 20,764 12,458 8,306 18,688 11,213 7,475 2,076 1,246 831 Central Annual A season (60%) B season (40%) 36,782 22,069 14,713 33,104 19,862 13,242 3,678 2,207 1,471 Eastern Annual Total 2,017 59,563 1,815 53,607 202 5,956 cprice-sewell on DSK2BSOYB1PROD with RULES 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 allow for harvests that exceed 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 21, 2009, 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 13, 2010. 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. VerDate Nov<24>2008 15:16 Dec 28, 2009 Jkt 220001 Dated: December 22, 2009. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–30839 Filed 12–28–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XT40 Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2010 Bering Sea Pollock 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 2010 total allowable catch (TAC) amount for the Bering Sea pollock fishery. This action is necessary because NMFS has determined this TAC is incorrectly specified. This action will ensure the Bering Sea pollock TAC does not exceed the appropriate amount based on the best available scientific information for pollock in the Bering Sea subarea. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 and Aleutian Islands Management Area (FMP). DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 2009, until the effective date of the final 2010 and 2011 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 13, 2010. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648– XT40, 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. E:\FR\FM\29DER1.SGM 29DER1 68716 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations 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: Josh Keaton, 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 2010 pollock TAC in the Bering Sea subarea was set at 1,230,000 metric tons (mt) by the final 2009 and 2010 harvest specification for groundfish in the BSAI (74 FR 7359, February 17, 2009). In December 2009, the Council recommended a 2010 pollock TAC of 813,000 mt for the Bering Sea subarea. This amount is less than the 1,230,000 mt established by the final 2009 and 2010 harvest specification for groundfish in the BSAI (74 FR 7359, February 17, 2009). The TAC recommended by the Council is based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2009, which NMFS has determined is the best available scientific information for this fishery. Steller sea lions occur in the same location as the pollock fishery and are listed as endangered under the Endangered Species Act (ESA). Pollock is a principal prey species for Steller sea lions in the BSAI. The seasonal apportionment of pollock harvest is necessary to ensure the groundfish fisheries are not likely to cause jeopardy of extinction or adverse modification of critical habitat for Steller sea lions. The regulations at § 679.20(a)(5)(i)(A) specify how the pollock TAC shall be apportioned. In accordance with § 679.25(a)(2)(i)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2009 SAFE report for this fishery, the current Bering Sea pollock TAC is incorrectly specified. Consequently, the Regional Administrator is adjusting the 2010 pollock TAC to 813,000 mt in the Bering Sea subarea. Pursuant to § 679.20(a)(5), Table 3 of the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009) is revised for the 2010 pollock TACs consistent with this adjustment. TABLE 3—FINAL 2009 AND 2010 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 2009 Allocations 2009 A season1 2009 B season1 A season DFA SCA harvest limit2 2010 Allocations B season DFA 2010 A season1 2010 B season1 A season DFA SCA harvest limit2 B season DFA 815,000 n/a n/a n/a 813,000 n/a n/a n/a CDQ DFA 81,500 32,600 22,820 48,900 81,300 32,520 22,764 48,780 ICA1 29,340 n/a n/a n/a 29,268 n/a n/a n/a AFA Inshore 352,080 140,832 98,582 211,248 351,216 140,486 98,340 210,730 AFA Catcher/Processors3 281,664 112,666 78,866 168,998 280,973 112,389 78,672 168,584 Catch by C/Ps 257,723 103,089 n/a 154,634 257,090 102,836 154,254 Catch by CVs3 23,941 9,577 n/a 14,365 23,883 9,553 14,330 Unlisted C/P Limit4 1,408 563 n/a 845 1,405 562 843 AFA Motherships 70,416 28,166 19,716 42,250 70,243 28,097 19,668 42,146 Excessive Harvesting Limit5 123,228 n/a n/a n/a 122,926 n/a n/a n/a Excessive Processing Limit 211,248 n/a n/a n/a 210,730 n/a n/a n/a Total Bering Sea DFA 704,160 281,664 197,165 422,495 702,432 280,973 196,681 421,459 Aleutian Islands subarea1 19,000 n/a n/a n/a 19,000 n/a n/a n/a CDQ DFA cprice-sewell on DSK2BSOYB1PROD with RULES Bering Sea subarea 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 VerDate Nov<24>2008 15:16 Dec 28, 2009 Jkt 220001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations 68717 TABLE 3—FINAL 2009 AND 2010 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 2009 A season1 2009 Allocations 2009 B season1 A season DFA Bogoslof District ICA n/a n/a 2010 A season1 2010 B season1 A season DFA B season DFA n/a 50 SCA harvest limit2 2010 Allocations 10 SCA harvest limit2 B season DFA n/a n/a n/a 1 Pursuant to (§ 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (4 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. 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 non-CDQ pollock DFAs. cprice-sewell on DSK2BSOYB1PROD with RULES 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 allow for harvests that exceed 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 14, 2009, 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 13, 2010. 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. VerDate Nov<24>2008 15:16 Dec 28, 2009 Jkt 220001 Dated: December 18, 2009. Emily Menashes, Acting Director, Office of Sustainable Fisheries,National Marine Fisheries Service. [FR Doc. E9–30533 Filed 12–28–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XT41 Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2010 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 2010 total allowable catch (TAC) amount for the Bering Sea and Aleutian Islands (BSAI) Pacific cod fishery. This action is necessary because NMFS has determined this TAC is incorrectly specified. This action will ensure the BSAI Pacific cod TAC does not exceed 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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 Aleutian Islands Management Area (FMP). DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 2009, until the effective date of the final 2010 and 2011 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 13, 2010. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648– XT41, 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. E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68715-68717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30533]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XT40


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2010 Bering Sea Pollock 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 2010 total allowable catch (TAC) amount 
for the Bering Sea pollock fishery. This action is necessary because 
NMFS has determined this TAC is incorrectly specified. This action will 
ensure the Bering Sea pollock TAC does not exceed the appropriate 
amount based on the best available scientific information for pollock 
in the Bering Sea subarea. 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 (FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 
2009, until the effective date of the final 2010 and 2011 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 13, 2010.

ADDRESSES:  Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XT40, 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.

[[Page 68716]]

    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: Josh Keaton, 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 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.
    The 2010 pollock TAC in the Bering Sea subarea was set at 1,230,000 
metric tons (mt) by the final 2009 and 2010 harvest specification for 
groundfish in the BSAI (74 FR 7359, February 17, 2009).
    In December 2009, the Council recommended a 2010 pollock TAC of 
813,000 mt for the Bering Sea subarea. This amount is less than the 
1,230,000 mt established by the final 2009 and 2010 harvest 
specification for groundfish in the BSAI (74 FR 7359, February 17, 
2009). The TAC recommended by the Council is based on the Stock 
Assessment and Fishery Evaluation report (SAFE), dated November 2009, 
which NMFS has determined is the best available scientific information 
for this fishery.
    Steller sea lions occur in the same location as the pollock fishery 
and are listed as endangered under the Endangered Species Act (ESA). 
Pollock is a principal prey species for Steller sea lions in the BSAI. 
The seasonal apportionment of pollock harvest is necessary to ensure 
the groundfish fisheries are not likely to cause jeopardy of extinction 
or adverse modification of critical habitat for Steller sea lions. The 
regulations at Sec.  679.20(a)(5)(i)(A) specify how the pollock TAC 
shall be apportioned.
    In accordance with Sec.  679.25(a)(2)(i)(B), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that, 
based on the November 2009 SAFE report for this fishery, the current 
Bering Sea pollock TAC is incorrectly specified. Consequently, the 
Regional Administrator is adjusting the 2010 pollock TAC to 813,000 mt 
in the Bering Sea subarea.
    Pursuant to Sec.  679.20(a)(5), Table 3 of the final 2009 and 2010 
harvest specifications for groundfish in the BSAI (74 FR 7359, February 
17, 2009) is revised for the 2010 pollock TACs consistent with this 
adjustment.

     TABLE 3--FINAL 2009 AND 2010 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               2009             2009 A season\1\            2009 B          2010             2010 A season\1\          2010 B
---------------------------------   Allocations  ------------------------------   season\1\      Allocations  -----------------------------   season\1\
                                 ----------------                 SCA harvest  -------------------------------                 SCA harvest -------------
                                                   A season DFA     limit\2\     B season DFA                   A season DFA    limit\2\    B season DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea                    815,000             n/a            n/a            n/a        813,000             n/a           n/a           n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
CDQ DFA                                81,500          32,600         22,820         48,900         81,300          32,520        22,764        48,780
--------------------------------------------------------------------------------------------------------------------------------------------------------
ICA\1\                                 29,340             n/a            n/a            n/a         29,268             n/a           n/a           n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFA Inshore                           352,080         140,832         98,582        211,248        351,216         140,486        98,340       210,730
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFA Catcher/Processors\3\             281,664         112,666         78,866        168,998        280,973         112,389        78,672       168,584
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catch by C/Ps                         257,723         103,089            n/a        154,634        257,090         102,836    ............     154,254
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catch by CVs\3\                        23,941           9,577            n/a         14,365         23,883           9,553    ............      14,330
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unlisted C/P Limit\4\                   1,408             563            n/a            845          1,405             562    ............         843
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFA Motherships                        70,416          28,166         19,716         42,250         70,243          28,097        19,668        42,146
--------------------------------------------------------------------------------------------------------------------------------------------------------
Excessive Harvesting Limit\5\         123,228             n/a            n/a            n/a        122,926             n/a           n/a           n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Excessive Processing Limit            211,248             n/a            n/a            n/a        210,730             n/a           n/a           n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea DFA                  704,160         281,664        197,165        422,495        702,432         280,973       196,681       421,459
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 68717]]

 
Bogoslof District ICA                      50             n/a            n/a            n/a             10             n/a           n/a          n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to (Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (4 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 Sec.   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.
\3\ Pursuant to Sec.   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 Sec.   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 Sec.   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.

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 allow for harvests that exceed 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 14, 
2009, 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 Sec.  679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until January 13, 
2010.
    This action is required by Sec.  679.22 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: December 18, 2009.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. E9-30533 Filed 12-28-09; 8:45 am]
BILLING CODE 3510-22-S