Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area, 55689-55690 [2010-22868]

Download as PDF Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations Dated: August 19, 2010. Wendi Weber, Acting Deputy Director, Fish and Wildlife Service. [FR Doc. 2010–22810 Filed 9–13–10; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XY99 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating the projected unused amount of the 2010 yellowfin sole total allowable catch SUMMARY: (TAC) assigned to the Bering Sea and Aleutian Islands trawl limited access sector to the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2010 total allowable catch of yellowfin sole to be fully harvested. DATES: Effective September 9, 2010, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2010. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI 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 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 yellowfin sole TAC assigned to the Bering Sea and Aleutian Islands trawl limited access sector is 42,369 55689 metric tons (mt) and to the Amendment 80 cooperative is 90,733 mt as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). The Administrator, Alaska Region, NMFS, has determined that 20,000 mt of the yellowfin sole TAC assigned to the BSAI trawl limited access sector will not be harvested. Therefore, in accordance with § 679.91(f), NMFS reallocates 20,000 mt of yellowfin sole from the BSAI trawl limited access sector to the Amendment 80 cooperative in the BSAI. In accordance with § 679.91(f), NMFS will reissue cooperative quota permits for the reallocated yellowfin sole following the procedures set forth in § 679.91(f)(3). The harvest specifications for yellowfin sole included in the harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010) are revised as follows: 22,369 mt to the BSAI trawl limited access sector and 110,733 mt to the Amendment 80 cooperative in the BSAI. Table 7a is correctly revised and republished in its entirety as follows: TABLE 7A—FINAL 2010 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS [Amounts are in metric tons] Pacific ocean perch Sector Eastern Aleutian District jdjones on DSK8KYBLC1PROD with RULES TAC .................................................................................. CDQ ................................................................................. ICA ................................................................................... BSAI trawl limited access ................................................ Amendment 80 ................................................................. Amendment 80 limited access ......................................... Amendment 80 cooperatives ........................................... This will enhance the socioeconomic well-being of harvesters dependent upon yellowfin sole in this area. The Regional Administrator considered the following factors in reaching this decision: (1) The current catch of yellowfin sole by the BSAI trawl limited access sector and, (2) the harvest capacity and stated intent on future harvesting patterns of the Amendment 80 cooperative that participates in this BSAI fishery. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA VerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 4,220 452 100 367 3,302 1,751 1,551 Central Aleutian District Flathead sole Western Aleutian District 4,270 457 50 376 3,387 1,796 1,591 6,540 700 50 116 5,674 3,009 2,666 (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 yellowfin sole from the BSAI trawl limited access sector to the Amendment 80 cooperative in the BSAI. Since the fishery is currently open, it is important to immediately inform the industry as to PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Rock sole Yellowfin sole BSAI BSAI BSAI 60,000 6,420 5,000 0 48,580 5,708 42,872 90,000 9,630 10,000 0 70,370 17,507 52,863 219,000 23,433 2,000 22,369 171,198 60,465 110,733 the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 8, 2010. 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 E:\FR\FM\14SER1.SGM 14SER1 55690 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations prior notice and opportunity for public comment. This action is required by § 679.91 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 9, 2010. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–22868 Filed 9–9–10; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XZ01 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating projected unused amounts of Pacific cod from catcher vessels using trawl gear to American Fisheries Act catcher/ processors and the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area. These actions are necessary to allow the 2010 total allowable catch of Pacific cod established for trawl catcher vessels to be harvested. DATES: Effective September 9, 2010, until 2400 hours, 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 Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area jdjones on DSK8KYBLC1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:52 Sep 13, 2010 Jkt 220001 (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. The 2010 Pacific cod total allowable catch (TAC) in the BSAI is 168,780 metric tons (mt) as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). Pursuant to ’ 679.20(a)(7)(ii), the allocations of the Pacific cod TAC are 3,467 mt to American Fisheries Act (AFA) trawl catcher/processors and 16,878 mt to the Amendment 80 cooperative. The allocation to catcher vessels using trawl gear is 32,809 mt after one reallocation (75 FR 52478, August 26, 2010). As of September 8, 2010 the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that catcher vessels using trawl gear will not be able to harvest 4,000 mt of Pacific cod allocated to those vessels under ’ 679.20(a)(7)(ii). The Regional Administrator has determined that the projected unharvested amount is unlikely to be harvested by any of the other catcher vessel sectors described in § 679.20(a)(7)(iii)(A). Therefore, in accordance with § 679.20(a)(7)(iii)(B), NMFS apportions 600 mt of Pacific cod from catcher vessels using trawl gear to AFA trawl/catcher processors and 3,400 mt of Pacific cod from catcher vessels using trawl gear to the Amendment 80 cooperative. The allocations for Pacific cod specified in the final 2010 and 2011 final harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010) and one reallocation (75 FR 52478, August 26, 2010) are revised as follows: 4,067 mt to AFA catcher/processors using trawl gear, 20,278 mt to the Amendment 80 cooperative, and 28,809 mt to catcher vessels using trawl gear. This will enhance the socioeconomic well-being of harvesters dependent upon Pacific cod in this area. The Regional Administrator considered the PO 00000 Frm 00028 Fmt 4700 Sfmt 9990 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. 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 Pacific cod. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 8, 2010. 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 ’ 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 9, 2010. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–22871 Filed 9–9–10; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\14SER1.SGM 14SER1

Agencies

[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Rules and Regulations]
[Pages 55689-55690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22868]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XY99


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Yellowfin Sole in the Bering Sea and Aleutian Islands Management 
Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of the 2010 
yellowfin sole total allowable catch (TAC) assigned to the Bering Sea 
and Aleutian Islands trawl limited access sector to the Amendment 80 
cooperative in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to allow the 2010 total allowable 
catch of yellowfin sole to be fully harvested.

DATES: Effective September 9, 2010, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 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 yellowfin sole TAC assigned to the Bering Sea and Aleutian 
Islands trawl limited access sector is 42,369 metric tons (mt) and to 
the Amendment 80 cooperative is 90,733 mt as established by the final 
2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 
11778, March 12, 2010).
    The Administrator, Alaska Region, NMFS, has determined that 20,000 
mt of the yellowfin sole TAC assigned to the BSAI trawl limited access 
sector will not be harvested. Therefore, in accordance with Sec.  
679.91(f), NMFS reallocates 20,000 mt of yellowfin sole from the BSAI 
trawl limited access sector to the Amendment 80 cooperative in the 
BSAI. In accordance with Sec.  679.91(f), NMFS will reissue cooperative 
quota permits for the reallocated yellowfin sole following the 
procedures set forth in Sec.  679.91(f)(3).
    The harvest specifications for yellowfin sole included in the 
harvest specifications for groundfish in the BSAI (75 FR 11778, March 
12, 2010) are revised as follows: 22,369 mt to the BSAI trawl limited 
access sector and 110,733 mt to the Amendment 80 cooperative in the 
BSAI. Table 7a is correctly revised and republished in its entirety as 
follows:

 Table 7a--Final 2010 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment
  80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin
                                                    Sole TACs
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                             Pacific ocean perch             Flathead    Rock  sole   Yellowfin
                                   ---------------------------------------     sole    -------------     sole
              Sector                  Eastern      Central      Western   -------------             ------------
                                      Aleutian     Aleutian     Aleutian                    BSAI
                                      District     District     District       BSAI                      BSAI
----------------------------------------------------------------------------------------------------------------
TAC...............................        4,220        4,270        6,540       60,000       90,000      219,000
CDQ...............................          452          457          700        6,420        9,630       23,433
ICA...............................          100           50           50        5,000       10,000        2,000
BSAI trawl limited access.........          367          376          116            0            0       22,369
Amendment 80......................        3,302        3,387        5,674       48,580       70,370      171,198
Amendment 80 limited access.......        1,751        1,796        3,009        5,708       17,507       60,465
Amendment 80 cooperatives.........        1,551        1,591        2,666       42,872       52,863      110,733
----------------------------------------------------------------------------------------------------------------

    This will enhance the socioeconomic well-being of harvesters 
dependent upon yellowfin sole in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) The 
current catch of yellowfin sole by the BSAI trawl limited access sector 
and, (2) the harvest capacity and stated intent on future harvesting 
patterns of the Amendment 80 cooperative that participates in this BSAI 
fishery.

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 yellowfin sole from the BSAI trawl 
limited access sector to the Amendment 80 cooperative in the BSAI. 
Since the fishery is currently open, it is important to immediately 
inform the industry as to the revised allocations. Immediate 
notification is necessary to allow for the orderly conduct and 
efficient operation of this fishery, to allow the industry to plan for 
the fishing season, and to avoid potential disruption to the fishing 
fleet as well as processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of September 8, 2010.
    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

[[Page 55690]]

prior notice and opportunity for public comment.
    This action is required by Sec.  679.91 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 9, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-22868 Filed 9-9-10; 4:15 pm]
BILLING CODE 3510-22-P