Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2010 Bering Sea and Aleutian Islands Pacific Cod Total Allowable Catch Amount, 68717-68719 [E9-30534]
Download as PDF
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 https://
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 https://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
68718
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 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 Pacific cod TAC in the BSAI
was set at 193,030 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 Pacific cod TAC
of 168,780 mt for the BSAI. This amount
is less than the 193,030 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 Pacific cod fishery and
are listed as endangered under the
Endangered Species Act (ESA). Pacific
cod is a principal prey species for
Steller sea lions in the BSAI. The
seasonal apportionment of Pacific cod
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)(7)(i)(B) specify how the
Pacific cod 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 BSAI
Pacific cod TAC is incorrectly specified.
Consequently, the Regional
Administrator is adjusting the 2010
Pacific cod TAC to 168,780 mt in the
Bering Sea subarea.
Pursuant to § 679.20(a)(7), Table 5b of
the final 2009 and 2010 harvest
specifications for groundfish in the
BSAI (74 FR 7359, February 17, 2009) is
revised for the 2010 Pacific cod TACs
consistent with this adjustment.
TABLE 5BB FINAL 2010 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
Gear sector
Percent
2010 share of
gear sector total
2010 seasonal apportionment
2010 share of
sector total
Dates
Amount
Total TAC
100
168,780
n/a
n/a
n/a
CDQ
10.7
18,059
n/a
see § 679.20(a)(7)(i)(B)
n/a
Total hook-and-line/pot gear
60.8
91,638
n/a
n/a
n/a
Hook-and-line/pot ICA1
n/a
500
n/a
see § 679.20(a)(7)(ii)(B)
n/a
Hook-and-line/pot sub-total
n/a
91.138
n/a
n/a
n/a
Hook-and-line catcher/processor
48.7
n/a
73,000
Jan 1–Jun 10
Jun 10–Dec 31
37,230
35,770
Hook-and-line catcher vessel ≥ 60 ft LOA
0.2
n/a
300
Jan 1–Jun 10
Jun 10–Dec 31
153
147
Pot catcher/processor
1.5
n/a
2,248
Jan 1–Jun 10
Sept 1–Dec 31
1,147
1,102
Pot catcher vessel ≥ 60 ft LOA
8.4
n/a
12,591
Jan 1–Jun 10
Sept 1–Dec 31
6,422
6,170
2
n/a
2,998
n/a
n/a
Trawl catcher vessel
22.1
33,309
n/a
Jan 20–Apr 1
Apr 1–Jun 10
Jun 10–Nov 1
24,649
3,664
4,996
AFA trawl catcher/processor
2.3
3,467
n/a
Jan 20–Apr 1
Apr 1-Jun 10
Jun 10–Nov 1
2,600
867
0
Amendment 80
13.4
20,197
n/a
Jan 20–Apr 1
Apr 1- Jun 10
Jun 10–Nov 1
15,844
5281
0
Amendment 80 limited access
n/a
n/a
3,319
Jan 20–Apr 1
Apr 1- Jun 10
Jun 10–Nov 1
2,489
830
0
cprice-sewell on DSK2BSOYB1PROD with RULES
Catcher vessel < 60 ft LOA using hookand-line or pot gear
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
E:\FR\FM\29DER1.SGM
29DER1
68719
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
TABLE 5BB FINAL 2010 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—
Continued
[Amounts are in metric tons]
Gear sector
Percent
2010 share of
gear sector total
2010 seasonal apportionment
2010 share of
sector total
Dates
Amount
Amendment 80 cooperatives
n/a
n/a
16,878
Jan 20–Apr 1
Apr 1- Jun 10
Jun 10–Nov 1
12,659
4,220
0
Jig
1.4
2.110
n/a
Jan 1–Apr 30
Apr 30–Aug 31
Aug 31–Dec 31
1,266
422
422
1 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2010 based on anticipated incidental catch in these fisheries.
Classification
cprice-sewell on DSK2BSOYB1PROD with RULES
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
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
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 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
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
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.
Dated: December 18, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–30534 Filed 12–28–09; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\29DER1.SGM
29DER1
Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68717-68719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30534]
-----------------------------------------------------------------------
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 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 https://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 https://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 68718]]
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 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 Pacific cod TAC in the BSAI was set at 193,030 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 Pacific cod TAC of
168,780 mt for the BSAI. This amount is less than the 193,030 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 Pacific cod
fishery and are listed as endangered under the Endangered Species Act
(ESA). Pacific cod is a principal prey species for Steller sea lions in
the BSAI. The seasonal apportionment of Pacific cod 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)(7)(i)(B) specify
how the Pacific cod 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
BSAI Pacific cod TAC is incorrectly specified. Consequently, the
Regional Administrator is adjusting the 2010 Pacific cod TAC to 168,780
mt in the Bering Sea subarea.
Pursuant to Sec. 679.20(a)(7), Table 5b of the final 2009 and 2010
harvest specifications for groundfish in the BSAI (74 FR 7359, February
17, 2009) is revised for the 2010 Pacific cod TACs consistent with this
adjustment.
TABLE 5bB FINAL 2010 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2010 share of 2010 seasonal apportionment
Gear sector Percent gear sector 2010 share of --------------------------------------
total sector total Dates Amount
----------------------------------------------------------------------------------------------------------------
Total TAC 100 168,780 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
CDQ 10.7 18,059 n/a see Sec. n/a
679.20(a)(7)(i)(B)
----------------------------------------------------------------------------------------------------------------
Total hook-and-line/pot gear 60.8 91,638 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Hook-and-line/pot ICA\1\ n/a 500 n/a see Sec. n/a
679.20(a)(7)(ii)(B)
----------------------------------------------------------------------------------------------------------------
Hook-and-line/pot sub-total n/a 91.138 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Hook-and-line catcher/ 48.7 n/a 73,000 Jan 1-Jun 10 37,230
processor Jun 10-Dec 31 35,770
----------------------------------------------------------------------------------------------------------------
Hook-and-line catcher vessel 0.2 n/a 300 Jan 1-Jun 10 153
[gteqt] 60 ft LOA Jun 10-Dec 31 147
----------------------------------------------------------------------------------------------------------------
Pot catcher/processor 1.5 n/a 2,248 Jan 1-Jun 10 1,147
Sept 1-Dec 31 1,102
----------------------------------------------------------------------------------------------------------------
Pot catcher vessel [gteqt] 60 8.4 n/a 12,591 Jan 1-Jun 10 6,422
ft LOA Sept 1-Dec 31 6,170
----------------------------------------------------------------------------------------------------------------
Catcher vessel < 60 ft LOA 2 n/a 2,998 n/a n/a
using hook-and-line or pot
gear
----------------------------------------------------------------------------------------------------------------
Trawl catcher vessel 22.1 33,309 n/a Jan 20-Apr 1 24,649
Apr 1-Jun 10 3,664
Jun 10-Nov 1 4,996
----------------------------------------------------------------------------------------------------------------
AFA trawl catcher/processor 2.3 3,467 n/a Jan 20-Apr 1 2,600
Apr 1-Jun 10 867
Jun 10-Nov 1 0
----------------------------------------------------------------------------------------------------------------
Amendment 80 13.4 20,197 n/a Jan 20-Apr 1 15,844
Apr 1- Jun 10 5281
Jun 10-Nov 1 0
----------------------------------------------------------------------------------------------------------------
Amendment 80 limited access n/a n/a 3,319 Jan 20-Apr 1 2,489
Apr 1- Jun 10 830
Jun 10-Nov 1 0
----------------------------------------------------------------------------------------------------------------
[[Page 68719]]
Amendment 80 cooperatives n/a n/a 16,878 Jan 20-Apr 1 12,659
Apr 1- Jun 10 4,220
Jun 10-Nov 1 0
----------------------------------------------------------------------------------------------------------------
Jig 1.4 2.110 n/a Jan 1-Apr 30 1,266
Apr 30-Aug 31 422
Aug 31-Dec 31 422
----------------------------------------------------------------------------------------------------------------
\1\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2010
based on anticipated incidental catch in these fisheries.
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 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 H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-30534 Filed 12-28-09; 8:45 am]
BILLING CODE 3510-22-S