Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 54792-54793 [2010-22498]

Download as PDF 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]


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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