Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 54792-54793 [2010-22498]
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54792
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
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
VerDate Mar<15>2010
16:14 Sep 08, 2010
Jkt 220001
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
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
SUMMARY:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations
revised for 2010 pollock allocations
consistent with this reallocation. This
reallocation results in adjustments to
the 2010 pollock ICA and directed
54793
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]
2010 A season 1
2010 Allocations
Area and sector
2010 B
season 1
A season
DFA
SCA harvest limit 2
B season
DFA
2011 A season 1
2011 Allocations
2011 B
season 1
A season
DFA
SCA harvest limit 2
B season
DFA
Bering Sea subarea ......................................................
CDQ DFA ...............................................................
ICA 1 .......................................................................
AFA Inshore ...........................................................
AFA Catcher/Processors 3 .....................................
Catch by C/Ps .................................................
Catch by CVs 3 ...............................................
Unlisted C/P Limit 4 ..................................
AFA Motherships ...................................................
Excessive Harvesting .............................................
Limit 5
Excessive Processing Limit 6 .................................
Total Bering Sea DFA ...................................................
813,000
81,300
24,768
353,466
282,773
258,737
24,036
1,414
70,693
123,714
n/a
32,520
n/a
140,486
112,389
102,836
9,553
562
28,097
n/a
n/a
22,764
n/a
98,340
78,672
n/a
n/a
n/a
19,668
n/a
n/a
48,780
n/a
212,980
170,384
155,901
14,483
852
42,596
n/a
1,110,000
111,000
39,960
479,520
383,616
351,009
32,607
1,918
95,904
167,832
n/a
44,400
n/a
191,808
153,446
140,403
13,043
767
38,362
n/a
n/a
31,080
n/a
134,266
107,412
n/a
n/a
n/a
26,853
n/a
n/a
66,600
n/a
287,712
230,170
210,605
19,564
1,151
57,542
n/a
212,080
706,932
n/a
280,973
n/a
196,681
n/a
425,959
287,712
959,040
n/a
383,616
n/a
268,531
n/a
575,424
Aleutian Islands subarea 1 ............................................
CDQ DFA ...............................................................
ICA .........................................................................
Aleut Corporation ...................................................
19,000
1,900
1,600
15,500
n/a
760
800
15,500
n/a
n/a
n/a
n/a
n/a
1,140
800
0
19,000
1,900
1,600
15,500
n/a
760
800
15,500
n/a
n/a
n/a
n/a
n/a
1,140
800
0
Bogoslof District ICA 7 ...................................................
50
n/a
n/a
n/a
50
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—3.35 percent, is allocated as a DFA
as follows: inshore component—50 percent, catcher/processor component—40 percent, and mothership component—10 percent. In the Bering Sea subarea, the A
season, January 20–June 10, is allocated 40 percent of the DFA and the B season, June 10–November 1, is allocated 60 percent of the DFA. Pursuant to
§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance—10 percent and second the ICA—1,800 mt,
is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated
the remainder of the directed pollock fishery.
2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside
the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher
vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector’s
allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs.
7 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, and are not apportioned
by season or sector.
Classification
jlentini on DSKJ8SOYB1PROD 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 Mar<15>2010
16:14 Sep 08, 2010
Jkt 220001
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
PO 00000
Frm 00035
Fmt 4700
Sfmt 9990
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
E:\FR\FM\09SER1.SGM
09SER1
]]>Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Rules and Regulations]
[Pages 54792-54793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22498]
-----------------------------------------------------------------------
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 Sec.
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 Sec. 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 Sec. 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
[[Page 54793]]
revised for 2010 pollock allocations consistent with this reallocation.
This reallocation results in adjustments to the 2010 pollock ICA and
directed fisheries in the Bering Sea subarea established at Sec.
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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010 A season \1\ 2010 B 2011 A season \1\ 2011 B
------------------------ season \1\ ------------------------ season \1\
Area and sector 2010 SCA ------------ 2011 SCA -----------
Allocations A season harvest B season Allocations A season harvest B season
DFA limit \2\ DFA DFA limit \2\ 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
ICA \1\.......................................... 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 ICA \7\............................ 50 n/a n/a n/a 50 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--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 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--1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA
is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Pursuant to 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 pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs.
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, and are
not apportioned by season or sector.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent NMFS from
responding to the most recent fisheries data in a timely fashion and
would delay the reallocation of pollock in the Bering Sea subarea.
Since the pollock fishery is currently open, it is important to
immediately inform the industry as to the final Bering Sea subarea
pollock allocations. Immediate notification is necessary to allow for
the orderly conduct and efficient operation of this fishery; allow the
industry to plan for the fishing season and avoid potential disruption
to the fishing fleet as well as processors; and provide opportunity to
harvest increased B season pollock allocations while value is optimum.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 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
