Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion Protection Measures for the Bering Sea and Aleutian Islands Groundfish Fisheries Off Alaska, 77535-77560 [2010-31226]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Rules and Regulations]
[Pages 77535-77560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31226]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101006495-0498-01]
RIN 0648-BA31


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures for the Bering Sea and Aleutian Islands 
Groundfish Fisheries Off Alaska

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

ACTION: Interim final rule; request for comments.

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SUMMARY: NMFS issues an interim final rule to implement Steller sea 
lion protection measures to insure that the Bering Sea and Aleutian 
Islands management area (BSAI) groundfish fisheries off Alaska are not 
likely to jeopardize the continued existence of the western distinct 
population segment (DPS) of Steller sea lions or adversely modify its 
designated critical habitat. These management measures will disperse 
fishing effort over time and area to provide protection from potential 
competition for important Steller sea lion prey species in waters 
adjacent to rookeries and important haulouts in the BSAI. The intended 
effect of this interim final rule is to

[[Page 77536]]

protect the endangered western DPS of Steller sea lions, as required 
under the Endangered Species Act, and to conserve and manage the 
groundfish resources in the BSAI in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act.

DATES: Effective January 1, 2011. Comments must be received by January 
12, 2011.

ADDRESSES: Send comment to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
BA31, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at 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. Comments will generally be posted 
without change. All Personal Identifying Information (for example, 
name, address) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    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.
    Electronic copies of the Environmental Assessment/Regulatory Impact 
Review (EA/RIR) prepared for this action, the 2010 Biological Opinion 
on the Authorization of Groundfish Fisheries under the Fishery 
Management Plans for the Bering Sea and Aleutian Islands Management 
Area and the Gulf of Alaska, the 2008 Revised Recovery Plan for the 
Steller Sea Lion, the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area, and the 2006 Alaska 
Groundfish Fisheries Biological Assessment are available from NMFS 
Alaska Region, P.O. Box 21668, Juneau, AK 99802 or from the Alaska 
Region NMFS Web site at https://alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
interim final rule may be submitted to NMFS and by e-mail to OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone off Alaska under the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(BSAI) and the Fishery Management Plan for Groundfish of the Gulf of 
Alaska (FMPs). The North Pacific Fishery Management Council (Council) 
prepared the FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, 
et seq. Regulations governing U.S. fisheries and implementing the FMPs 
appear at 50 CFR parts 600 and 679. NMFS also has management 
responsibility for certain threatened and endangered species, including 
Steller sea lions, under the Endangered Species Act (ESA) of 1973, 16 
U.S.C. 1531, et seq., and the authority to promulgate regulations to 
enforce provisions of the ESA to protect such species. As the action 
agency, NMFS is responsible to insure that the Federal action of 
authorizing the Alaska groundfish fisheries is not likely to jeopardize 
the continued existence or modify or destroy designated critical 
habitat for ESA-listed species. The action implemented by this interim 
final rule is the result of an ESA section 7 formal consultation 
biological opinion, which requires the implementation of a reasonable 
and prudent alternative to the current Alaska groundfish fisheries 
management.

Background

    The Endangered Species Act of 1973 (ESA) requires Federal agencies 
to ``insure that any action authorized, funded, or carried out by such 
agency * * * is not likely to jeopardize the continued existence of any 
endangered or threatened species or result in the destruction or 
adverse modification of habitat of such species which is determined * * 
* to be critical.'' 16 U.S.C. sec. 1536(a)(2). This provision further 
requires Federal agencies to consult with the Secretary of Commerce on 
Federal actions that might affect species under the Secretary's 
jurisdiction that are listed as endangered or threatened (``listed 
species''). The annual authorization of the Alaska groundfish fisheries 
under the Magnuson-Stevens Act is an ``action authorized, funded, or 
carried out'' by a Federal agency that could affect listed species 
under the jurisdiction of the Secretary of Commerce, and therefore 
requires consultation.
    In October 2005, the Council recommended that NMFS reinitiate an 
FMP-level formal section 7 consultation on the effects of the Federal 
groundfish fisheries on ESA-listed species under U.S. Department of 
Commerce jurisdiction. This jurisdiction has been formally delegated to 
NMFS. On April 19, 2006, the Protected Resources Division of NMFS 
Alaska Region (PRD), as the consulting agency, received a written 
request from the NMFS Alaska Region Sustainable Fisheries Division 
(SFD), as the action agency, to re-initiate section 7 consultation on 
the Federal groundfish fisheries in waters 3 miles to 200 miles off 
Alaska, as well as several groundfish fisheries that are conducted in 
waters of the State of Alaska (collectively, the ``Alaska groundfish 
fisheries''), to evaluate the effects of current Federal fisheries 
management on listed species because of information gained and 
management actions taken since previous consultations. That request was 
accompanied by a biological assessment that reviewed the likely effects 
of the Alaska groundfish fisheries on all twelve of the listed marine 
species found in waters off Alaska and under NMFS's jurisdiction (see 
ADDRESSES). In June 2006, PRD concluded that the information provided 
by SFD's biological assessment showed that the Steller sea lion (both 
the western and the eastern DPSs), the North Pacific humpback whale, 
and the North Pacific sperm whale were likely to be adversely affected 
by the Alaska groundfish fisheries. This determination required the 
initiation of formal section 7 consultation under the ESA on these 
species and Steller sea lion designated critical habitat, resulting in 
the issuance of a biological opinion. Subsequent to reinitiating 
consultation, a fin whale was taken incidentally in the BSAI pollock 
trawl fishery. Therefore, fin whales also were included in this 
consultation. Critical habitat is not designated for humpback, fin, and 
sperm whales.
    Under the ESA and its implementing regulations, if the consulting 
agency (here, PRD) finds that the proposed action is likely to either 
jeopardize the continued existence of the species or result in the 
adverse modification of critical habitat, the consulting agency is 
required to identify a reasonable and prudent alternative (RPA), if 
any, that would not violate the ESA. While an action agency (here, SFD) 
has limited

[[Page 77537]]

discretion to adopt different measures than those contained in the RPA, 
it does so at its peril and must still demonstrate why the alternative 
measures comply with the ESA's mandate to avoid the likelihood of 
jeopardizing the continued existence of the species or adversely 
modifying critical habitat.
    As explained in detail below, NMFS issued a biological opinion 
(2010 BiOp, see ADDRESSES) that concluded that the proposed fishery 
management action was not likely to jeopardize the continued existence 
or adversely modify the critical habitat of North Pacific humpback 
whales, North Pacific sperm whales, fin whales, or the eastern distinct 
population segment of Steller sea lions, but was likely to jeopardize 
the continued existence and adversely modify the critical habitat of 
the western DPS of Steller sea lions.
    Section 3.5.3 of the FMP for Groundfish of the BSAI, approved by 
the Secretary of Commerce under the Magnuson-Stevens Act, specifically 
authorizes implementation by regulation of special fishery management 
measures to protect marine mammals, without requiring amendment of the 
fishery management plan itself (see ADDRESSES). Therefore, NMFS has 
chosen to implement fishery management measures responding to the 
biological opinion issued under the ESA via regulations promulgated 
under the Magnuson-Stevens Act.
    In order to provide as transparent a process as possible, on August 
3, 2010, NMFS released a draft of the 2010 BiOp, including the RPA, as 
well as analyses of alternatives to the proposed action (see 
ADDRESSES). These analyses were a draft environmental assessment (EA) 
prepared pursuant to the National Environmental Policy Act (NEPA), 
reviewing the potential impact on the human environment of the proposed 
action and alternatives; and a Regulatory Impact Review (RIR) pursuant 
to Executive Order 12866, which analyzes the cost and benefits of the 
proposed action and alternatives. The draft 2010 BiOp and draft EA/RIR 
were presented to the Council at a special meeting in August 2010. The 
Council and the public were provided a comment period to submit 
suggested changes to the RPA. PRD reviewed the comments from the 
Council and the public and made revisions to the RPA consistent with 
principles and objectives in the draft biological opinion. The final 
2010 BiOp was signed on November 24, 2010. Both the final 2010 BiOp and 
EA/RIR are available to the public (see ADDRESSES). This interim final 
rule adopts the RPA in the final 2010 BiOp. Therefore, NMFS takes this 
action under the Magnuson-Stevens Act to comply with its 
responsibilities under the ESA to insure that its action, i.e., the 
authorization of the Alaska groundfish fisheries, is not likely to 
jeopardize the continued existence of the western DPS of Steller sea 
lions or result in the destruction or adverse modification of its 
designated critical habitat.
    In this rulemaking, NMFS adopted the 2010 BiOp's RPA because it was 
modified based on public comment on the draft RPA to reduce impacts on 
the fisheries while insuring that the groundfish fisheries are not 
likely to jeopardize the continued existence of Steller sea lions or 
adversely modify their designated critical habitat. While NMFS 
considered public comments that would have allowed greater fishing 
opportunities, including the Council's proposed alternative, none of 
those measures as a whole would have met the performance standards of 
the RPA to insure the groundfish fisheries are not likely to jeopardize 
the continued existence of Steller sea lions or adversely modify their 
designated critical habitat.
    Because the 2010 BiOp, including the RPA, was not signed until 
November 24, 2010, and the Alaska groundfish fisheries open on January 
1, 2011, it is necessary for these regulations to be issued on an 
expedited basis, without the usual notice and opportunity for public 
comment before the regulations go into effect. See the Classification 
section of this rule for further information on waiver of prior notice 
and comment.

Findings of the 2010 Biological Opinion

    The jeopardy and adverse modification finding for the western DPS 
of Steller sea lions is based on the continued decline of Steller sea 
lions in the Aleutian Islands subarea and the potential effects of the 
harvest of Atka mackerel and Pacific cod in this subarea. Over the last 
eight years, the numbers of sea lions in the western most district of 
the Aleutian Islands subarea (Area 543) have declined by approximately 
45 percent. Because of the current population decline in Area 543, as 
well as the slow population decline observed in the central and eastern 
districts of the Aleutian Islands subarea (Areas 542 and 541, 
respectively), the recovery of the western DPS of Steller sea lions is 
not meeting the criteria in the 2008 Recovery Plan (see ADDRESSES). If 
population trends in the Aleutian Islands subarea continue at current 
rates, Steller sea lions may be extirpated from this portion of their 
range.
    Atka mackerel and Pacific cod are principal prey species of Steller 
sea lions. The harvest of these species may impact the foraging success 
of Steller sea lions. Atka mackerel and Pacific cod harvest have been 
managed in the Aleutian Islands under the temporal and spatial 
dispersion requirements implemented by the Steller sea lion protection 
measures. These protection measures were implemented in 2002 by 
emergency interim rule (67 FR 956, January 8, 2002; amended 67 FR 
21600, May 1, 2002; corrected 67 FR 45671, July 10, 2002, 67 FR 47472, 
July 19, 2002, and 67 FR 64315, October 18, 2002; and extended 67 FR 
34860, May 16, 2002) and by final rule in 2003 (68 FR 204, January 2, 
2003; corrected 68 FR 24615, May 8, 2003). Detailed analysis of the 
environmental baseline; Steller sea lions population trends, foraging 
behavior, and biology; and effects of the groundfish fisheries on 
Steller sea lions is presented in the 2010 BiOp (see ADDRESSES).

Reasonable and Prudent Alternative

    Based on the continued population decline of Steller sea lions in 
portions of the Aleutian Islands subarea and the potential effects of 
groundfish harvests on Steller sea lions and their critical habitat, an 
RPA to the current management of the BSAI groundfish fisheries must be 
implemented to insure the Alaska groundfish fisheries are not likely to 
jeopardize the continued existence of the western DPS of Steller sea 
lions and adversely modify its designated critical habitat. These 
protection measures are necessary to comply with section 7(a)(2) of the 
ESA. Details on the specific protection measures in the RPA and their 
effects on Steller sea lions and their critical habitat are in chapter 
8 of the 2010 BiOp (see ADDRESSES).
    The RPA was structured to mitigate effects of the fishery in 
locations where Steller sea lion abundance continues to decline (Areas 
543, 542, and 541) and where available information indicates that 
reproduction may be reduced to a level that cannot support population 
growth. The 2010 BiOp determined that the weight of evidence indicates 
that fisheries for Steller sea lion prey may be appreciably reducing 
the reproduction and thus numbers of Steller sea lions and adversely 
modifying the conservation value of their critical habitat in Areas 
543, 542, and 541 by removing large quantities of prey species 
important to Steller sea lions for basic nutrition and reproductive 
capacity. Competition with fisheries for prey is likely one component 
of an intricate suite of natural and

[[Page 77538]]

anthropogenic factors affecting Steller sea lion numbers and 
reproduction. While natural factors may be contributing, NMFS must 
insure that actions authorized by NMFS are not likely to appreciably 
reduce the likelihood of survival and recovery of the western DPS of 
Steller sea lions.
    The RPA was developed based on performance standards that address 
the effects of the groundfish fisheries and the population status and 
foraging behavior of Steller sea lions in the Aleutian Islands subarea. 
The details of these standards are in the 2010 BiOp (see ADDRESSES). 
One of the performance standards requires that the protection measures 
be commensurate with the rate of Steller sea lion population declines, 
with more stringent measures in those locations with greater population 
declines. The RPA meets this standard by applying more fisheries 
restrictions in Area 543 where Steller sea lions have the highest 
population decline and applying fewer fisheries restrictions in Areas 
542 and 541, where Steller sea lion population decline is less. The 
implementation of the RPA is expected to eliminate local competition 
between Steller sea lions and the Atka mackerel and Pacific cod 
fisheries in Area 543. This is intended to improve foraging success and 
prey availability for juvenile and adult Steller sea lions, which is 
expected to lead to higher survival and natality rates. The RPA also 
reduces the competitive overlap between Steller sea lions and fisheries 
for Atka mackerel and Pacific cod in Areas 542 and 541. This is 
intended to improve foraging success and prey availability for Steller 
sea lions, particularly adult females with dependent young in winter, 
which is expected to lead to higher natality rates and survival.
    In addition to maintaining the status quo, NOAA considered three 
different alternatives for analysis under NEPA and under Executive 
Order 12866 to inform its decisions as to how best to manage the 
fishery in compliance with the ESA (see ADDRESSES for the EA/RIR). The 
status quo was rejected because it would not avoid jeopardy or adverse 
modification. One alternative was an alternative that complied with 
ESA's statutory mandates regarding jeopardy and adverse modification 
but had a greater impact on the fishing industry than the RPA. The 
second alternative was the draft RPA in the draft 2010 BiOp released 
for public review in August 2010. The second alternative was not 
implemented as NMFS reviewed the Council and public comments regarding 
the draft RPA and further refined the RPA to provide additional 
opportunity for fishing while meeting the RPA performance standards. 
The third and preferred alternative is the RPA from the final 2010 
BiOp. While the RPA may result in substantial impacts on the fishing 
industry, NMFS determined that the RPA is the least costly alternative 
among the options that is likely to avoid jeopardy and adverse 
modification.

Protection Measures Requiring Regulatory Amendments

    The following are the revisions to the Steller sea lion protection 
measures implemented by this interim final rule.

Application of the Revised Protection Measures

    The protection measures that are implemented by this rule, and 
which are further described below, apply to vessels that catch 
groundfish that is required to be deducted from the Federal total 
allowable catch (TAC) under Sec.  679.20 and that are required to be 
named on a Federal Fisheries Permit issued under Sec.  679.4(b) in the 
BSAI reporting areas, including the State of Alaska (State) waters 
within those reporting areas. Federally permitted vessels that 
participate in the State Pacific cod fishery authorized by 5 AAC 
28.647, Aleutian Islands District Pacific Cod Management Plan (AI 
State-managed Pacific cod fishery) and that deduct this Pacific cod 
from the State Pacific cod guideline harvest level and not the Federal 
TAC, would not be subject to the Pacific cod retention and directed 
fishing restrictions specified in this interim final rule. The State 
has adopted the same Steller sea lion protection measures for the AI 
State-managed Pacific cod fishery as NMFS implemented for the Federal 
groundfish fisheries in 2003 (68 FR 204, January 2, 2003). The 2010 
BiOp included the cumulative impact of the AI State-managed Pacific cod 
fishery. Based on the findings in the 2010 BiOp, which considered the 
combination of effects of the AI State-managed Pacific cod fishery and 
the Federal groundfish fisheries, NMFS has determined that the 
modifications made by this interim final rule are sufficient to insure 
that NMFS's authorization of Federal fisheries is not likely to 
jeopardize the continued existence of the western DPS of Steller sea 
lions or destroy or adversely modify its designated critical habitat.

Area 543 Atka Mackerel and Pacific Cod Fishing Prohibitions

    The RPA requires a protection measure prohibiting the retention of 
Pacific cod and Atka mackerel in Area 543. Because Area 543 has 
experienced the most severe decline in Steller sea lion abundance and 
because Atka mackerel and Pacific cod are important prey items, it is 
necessary to reduce fishery removals of these prey species. Pacific cod 
and Atka mackerel may not be targeted or retained when incidentally 
caught in other groundfish fisheries. If only a directed fishing 
closure were used to limit Atka mackerel and Pacific cod harvest, these 
species could be retained up to the maximum retainable amount (MRA) of 
the basis species specified in Table 11 to 50 CFR part 679. For 
example, if retention were not prohibited, a vessel targeting Pacific 
ocean perch could retain Atka mackerel and Pacific cod in amounts up to 
20 percent of the amount of Pacific ocean perch retained.
    As described in the 2010 BiOp, NMFS model results indicate that 
allowing fishing to occur, even at substantially reduced levels, would 
inhibit a significant increase in biomass of Atka mackerel and Pacific 
cod. NMFS believes a significant increase in biomass of Atka mackerel 
and Pacific cod will contribute to both the continued survival and 
recovery of Steller sea lions in Area 543. The biomass of these prey 
species is expected to increase if all retention of Atka mackerel and 
Pacific cod is prohibited. Given the potential for Atka mackerel and 
Pacific cod fisheries to compete with Steller sea lions in a manner 
that limits their reproduction or survival, as evidenced in population 
responses observed to date in Area 543, NMFS has determined that it 
must eliminate this potential competition to comply with the ESA.

Atka Mackerel Harvest Limit Area (HLA) Fishery

    Under the 2003 Steller sea lion protection measures, the harvest of 
Atka mackerel inside Steller sea lion critical habitat in Area 543 and 
the western portion of Area 542 was dispersed by controlling the number 
of vessels that could harvest Atka mackerel inside the HLA. The HLA 
included designated critical habitat and waters 0 nm to 20 nm around 
other locations identified as important to Steller sea lions (Steller 
sea lion sites). A lottery system assigned vessels to platoons that 
were allowed to fish inside the HLA in specific locations and at 
specific times. The details of the HLA fishery are in the 2003 final 
rule for the Steller sea lion protection measures (68 FR 204, January 
2, 2003). Because the RPA would prohibit all retention of Atka mackerel 
in Area 543 and nearly all directed fishing for Atka mackerel in waters 
0 nm to 20 nm around Steller sea lion sites in Area 542,

[[Page 77539]]

the platoon management of Atka mackerel harvest inside the HLA is no 
longer needed.

Kanaga Island/Ship Rock Groundfish Closure

    Recent Steller sea lion count information indicates that this site 
is now functioning as a rookery. The rookeries listed in Table 12 to 50 
CFR part 679 are surrounded by groundfish fishery closures that extend 
0 nm to 3 nm from the site. The RPA requires the Kanaga Island/Ship 
Rock rookery to be treated the same as other rookeries. Therefore, this 
action includes a protection measure to close directed fishing for 
groundfish in waters 0 nm to 3 nm of this site. This closure is 
necessary to protect animals using this location from potential 
disturbance by fishing vessels and to protect near shore prey 
resources. Very little groundfish catch has historically occurred in 
waters 0 nm to 3 nm from this site. According to the 2010 BiOp, this 
site is important to the population of the western DPS of Steller sea 
lions because it is one of the few locations in the Aleutian Islands 
where Steller sea lion reproduction is occurring.

Pacific Cod Nontrawl Fisheries Winter Closure in Areas 542 and 541

    The RPA includes a closure of the Pacific cod hook-and-line, pot, 
and jig gear (nontrawl) fisheries in Areas 542 and 541 from November 1, 
1200 hours, Alaska local time (A.l.t.), to December 31, 2400 hours, 
A.l.t. This closure of nontrawl fisheries is consistent with the trawl 
fishery closure during this time period. This closure allows for two 
months in the winter when Steller sea lions would not compete with 
vessels for Pacific cod prey. This closure is necessary to prevent 
expansion of fishing into time periods not previously fished as other 
time periods and areas historically fished are restricted under these 
protection measures. This measure is intended to protect prey 
availability in the winter when Steller sea lion energetic needs are 
high and when Pacific cod compose a larger proportion of their diet 
relative to the summer.

Pacific Cod Nontrawl Fisheries Closures in Area 542

    The RPA includes two revisions to Area 542 protection measures for 
the nontrawl Pacific cod fisheries. The first revision closes waters 0 
nm to 6 nm of Steller sea lion sites in Area 542 to nontrawl vessels 
directed fishing for Pacific cod year round. Telemetry data show the 
relative importance of different portions of critical habitat for 
foraging Steller sea lions. Steller sea lion at-sea locations from 
satellite-tagged animals summarized by 2 nm areas show high use by 
adult female Steller sea lions of waters from 0 nm to 6 nm, especially 
in summer, and higher use in this area by juveniles relative to other 
areas within critical habitat in both summer and winter.
    Because of the need for extensive shallow-water locations and the 
relatively narrow continental shelf throughout the Aleutian Islands 
subarea, hook-and-line gear vessels generally fish for Pacific cod in 
the Aleutian Islands within 10 nm of Steller sea lion sites (EA/RIR, 
see ADDRESSES). The closure of waters from 0 nm to 6 nm provides 
protection to Steller sea lions while providing opportunity for fishing 
by the hook-and-line vessels. Prohibiting pot and jig gear vessels in 
this closed area allows for consistent management of all nontrawl gear 
types and further reduces potential competition for Pacific cod prey in 
critical habitat.
    The second revision prohibits vessels 60 feet (18.3 m) or greater 
in length overall (LOA) using nontrawl gear from directed fishing for 
Pacific cod in waters 6 nm to 20 nm from Steller sea lion sites in Area 
542 from January 1, 0001 hours, to March 1, 1200 hours, A.l.t. This 
revision does not apply to nontrawl vessels less than 60 feet (18.3 m) 
LOA because these vessels account for approximately two percent of 
historic Pacific cod Area 542 catch, a small proportion of the overall 
Pacific cod catch. NMFS determined that this small amount of catch 
would not be detrimental to the western DPS of Steller sea lions. This 
revised protection measure benefits Steller sea lion prey resources in 
the winter, an important time to protect prey resources, and provides 
the fishing industry with access to higher value fish in the later 
portion of the A season (March 1 to June 10).

Pacific Cod Trawl Vessel Closures in Area 542

    The RPA includes revised protection measures for the trawl gear 
Pacific cod fisheries in Area 542. This interim final rule closes 
waters 0 nm to 20 nm from Steller sea lion sites to directed fishing 
for Pacific cod with trawl gear year round in most of Area 542. 
However, for Steller sea lion sites between 178[deg] W longitude and 
177[deg] W longitude, this rule applies the year round closure only to 
waters from 0 nm to 10 nm. Waters that are 10 nm to 20 nm from Steller 
sea lion sites and that occur in this one degree longitude area are 
closed to directed fishing for Pacific cod with trawl gear in the B 
season (June 10, 1200 hours, A.l.t., to November 1, 1200 hours, 
A.l.t.), but are open during the A season.
    The trawl fishery in Area 542 typically occurs in the A season when 
Pacific cod are aggregated, which coincides with the time of year in 
which Steller sea lion energetic needs are high. The 10 nm to 20 nm 
zone of critical habitat would be closed to trawl gear in the B season 
to prevent the trawl fishery from expanding into a season they have not 
traditionally fished in Area 542. Therefore, a year-round closure of 0 
nm to 20 nm to trawl gear in most of Area 542 (177[deg] E longitude to 
178[deg] W longitude) is intended to conserve the value of critical 
habitat and prevent an intensification of harvest, especially in the 10 
nm to 20 nm zone of critical habitat.

Atka Mackerel Closures in Area 542

    The RPA includes a closure to directed fishing for Atka mackerel in 
most of the critical habitat in Area 542. This interim final rule 
prohibits directed fishing for Atka mackerel in waters 0 nm to 20 nm 
from Steller sea lion sites in Area 542 located between 177[deg] E 
longitude and 179[deg] W longitude and between 178[deg] W longitude and 
177[deg] W longitude. Directed fishing for Atka mackerel is prohibited 
in waters 0 nm to 10 nm from Steller sea lion sites located between 
178[deg] W longitude and 179[deg] W longitude. These closures would 
provide protection to most of the critical habitat in Area 542, which 
is currently open to directed fishing for Atka mackerel, from the 
potential effects of Atka mackerel fishing while allowing a limited 
Atka mackerel fishery in a portion of critical habitat where the 
Steller sea lion population trends show less decline. NMFS determined 
that providing some fishing opportunities in the one degree longitude 
area within the 10 nm to 20 nm zone of critical habitat reduces the 
potential for impacting Atka mackerel occurring on Petrel Bank, the 
primary remaining productive Atka mackerel fishing grounds outside of 
critical habitat in Area 542.

Atka Mackerel Area 542 Critical Habitat Harvest Restrictions

    The RPA includes a limitation on the participation in, and the 
amount and seasonal apportionment of, the Atka mackerel fishery in 
critical habitat in Area 542. This interim final rule limits the 
directed fishery for Atka mackerel in critical habitat between 178[deg] 
W longitude and 179[deg] W longitude to participants in the Western 
Alaska Community Development Quota (CDQ) Program or to vessels fishing 
under the authority of an Amendment 80 cooperative quota permit (72 FR 
52668,

[[Page 77540]]

September 14, 2007, corrected 73 FR 27768, May 14, 2008). The interim 
final rule also limits the amount of Atka mackerel catch from critical 
habitat to 10 percent of an Amendment 80 cooperative's Area 542 Atka 
mackerel allocation, and to 10 percent of a CDQ group's Area 542 Atka 
mackerel allocation. This 10 percent limit is seasonally apportioned 
evenly between the A and B seasons.
    Limiting access to 10 nm to 20 nm of critical habitat only to 
operations with a specific allocation, i.e., operations fishing in 
harvest cooperatives or operations fishing CDQ, prevents a race for 
Atka mackerel in the open area of critical habitat and insures that 
allowable harvests in critical habitat is not exceeded. Vessels fishing 
under a CDQ allocation or an Amendment 80 cooperative allocation are 
constrained by their allocations and do not have an incentive to engage 
in a competitive ``race for fish'' with other participants. Vessels not 
participating in the CDQ Program or an Amendment 80 cooperative are not 
held individually accountable to a specific allocation and could have 
an incentive to ``race for fish'' in a manner that could cause a catch 
limit to be exceeded. In 2011, two Amendment 80 cooperatives will be 
formed. Each Amendment 80 cooperative may catch up to 10 percent of its 
Area 542 Atka mackerel allocation between 178[deg] W longitude and 
179[deg] W longitude. Similarly, each CDQ group receiving an Area 542 
allocation may catch up to 10 percent of its Area 542 Atka mackerel 
allocation within this specified area. Catch is temporally dispersed 
under either of these allocative programs.
    The 10 percent harvest limit prevents catch that may exceed 
historical amounts taken from this area of critical habitat (2010 BiOp, 
see ADDRESSES). This 10 percent harvest limit also prevents excessive 
concentration of Atka mackerel catch inside critical habitat but 
provides the industry some opportunity to catch Atka mackerel in a 
location in Area 542 other than the Petrel Banks, where Atka mackerel 
fishing effort is likely to shift with the implementation of closures 
under this interim final rule. The seasonal apportionment of the 
critical habitat catch provides temporal dispersion of catch in 
critical habitat, reducing potential impacts on Steller sea lion prey 
availability.

Atka Mackerel Area 542 TAC Limit

    The RPA includes a limit of the total catch of Atka mackerel to the 
historical amount caught in this area, but that is outside of critical 
habitat. Based on historical harvests, this interim final rule limits 
the Area 542 Atka mackerel TAC to no more than 47 percent of the Area 
542 acceptable biological catch (ABC). The average annual Atka mackerel 
catch outside of critical habitat from 2003 through 2009 was 47 percent 
of the total catch in Area 542 (the lowest and the highest years were 
eliminated in the calculation). Setting the TAC at 47 percent of the 
ABC preserves historical access to Atka mackerel amounts that had been 
taken outside of critical habitat while preventing an increase of that 
amount of catch that could occur if the harvest displaced from the 10 
nm to 20 nm zone of critical habitat west of 178[deg] W longitude was 
allowed to be taken in the open area of Area 542. This limitation on 
Atka mackerel catch is less stringent than that which is imposed in 
Area 543 based on the determination by NMFS that measures should be 
commensurate with the population trends of Steller sea lions in 
particular areas.

Pacific Cod Nontrawl Vessel Closures in Area 541

    The RPA includes a closure to nontrawl directed fishing for Pacific 
cod in Area 541. This interim final rule closes waters 0 nm to 20 nm 
from Steller sea lion sites to directed fishing for Pacific cod with 
nontrawl gear from January 1, 0001 hours, A.l.t., to March 1, 1200 
hours, A.l.t., for all Federally permitted vessels in Area 541. After 
March 1, 1200 hours, A.l.t., nontrawl vessels are prohibited from 
directed fishing for Pacific cod in waters 0 nm to 10 nm from Steller 
sea lion sites in Area 541. These closures provide protection to 
Steller sea lion prey in critical habitat, particularly in the winter, 
while providing fishing opportunity inside critical habitat in the 
later portion of the A season and in the B season. This closure 
provides access to the limited amount of area in Area 541 that can be 
effectively fished with hook-and-line gear for Pacific cod while 
preventing fishing in marine critical habitat that is used more 
frequently by foraging Steller sea lions, based on telemetry data (2010 
BiOp, see ADDRESSES). Prohibiting pot and jig gear vessels in this 
closed area allows for consistent management of these gear types with 
hook-and-line gear vessels and avoids incentives to use alternative 
fishing gear to circumvent Steller sea lion protection measures.

Pacific Cod Trawl Vessel Closures in Area 541

    The RPA includes a closure of portions of critical habitat to 
directed fishing by Federally permitted vessels for Pacific cod with 
trawl gear. This interim final rule prohibits directed fishing for 
Pacific cod with trawl gear in waters 0 nm to 10 nm from Steller sea 
lion sites in Area 541 year round. The interim final rule also 
prohibits directed fishing for Pacific cod with trawl gear within 10 nm 
to 20 nm from Steller sea lion sites in Area 541 from June 10, 1200 
hours, A.l.t., to November 1, 1200 hours, A.l.t. These closures protect 
most of the critical habitat in Area 541 from the potential effects of 
Pacific cod trawl harvest on Steller sea lion prey availability. 
Because Steller sea lion population trends are better in Area 541 than 
Areas 542 and 543, more critical habitat is made available for the 
Pacific cod fishery in Area 541 compared to Areas 542 and 543. This is 
consistent with the 2010 BiOp performance standard that protection 
measures be commensurate with the rate of Steller sea lion population 
decline.

Atka Mackerel Closure in the Bering Sea Subarea

    The RPA includes a closure of the Bering Sea subarea to directed 
fishing for Atka mackerel. This interim final rule closes the Bering 
Sea subarea to directed fishing for Atka mackerel to allow for a 
limited harvest of Atka mackerel in areas of commercial abundance 
consistent with the MRAs established for Atka mackerel relative to 
other retained groundfish species open to directed fishing (Table 11 to 
50 CFR part 679). These areas of commercial abundance generally occur 
in critical habitat areas of the Bering Sea subarea, where Atka 
mackerel has been historically caught up to the MRAs. Under the 
regulations implementing MRA provisions, codified at Sec.  679.20 (e) 
and (f), closure of the Bering Sea subarea to directed fishing for Atka 
mackerel is necessary to allow for continued harvest of Atka mackerel 
in a manner similar to historical practices. Because Steller sea lion 
population trends are not a concern in the Bering Sea subarea, the 
continued location, amounts, and methods of harvest of Bering Sea Atka 
mackerel is not likely to result in population level effects on Steller 
sea lions.

Atka Mackerel Seasons in Areas 542 and 541 and in the Bering Sea 
Subarea

    The RPA includes an extension of the Atka mackerel A and B seasons. 
This interim final rule extends the A and B seasons by ending the A 
season and starting the B season on June 10, 1200 hours, A.l.t. This 
season revision applies to the Bering Sea subarea because the Atka 
mackerel TAC is established for the combined harvest in

[[Page 77541]]

Area 541 and the Bering Sea subarea. Seasonal harvests also apply to 
the CDQ program so that all harvests of Atka mackerel in the BSAI are 
temporally dispersed.
    The increased season lengths provide for Atka mackerel fishing in 
the summer, a time period for which data show that Steller sea lions 
have less dependence on Atka mackerel. Extending the Area 542 and Area 
541/Bering Sea Atka mackerel seasons insure Atka mackerel harvest 
inside and outside critical habitat is temporally dispersed, reducing 
potential effects on Steller sea lion prey availability and providing 
additional time for fishing for the Atka mackerel vessels.

Protection Measures Not Requiring Regulatory Amendments

    The RPA also contains three measures that do not require changes to 
regulations at 50 CFR part 679. These measures address management of 
the Atka mackerel catch in Area 543 and the amounts of Pacific cod 
harvests that, if exceeded, would require reinitiation of ESA formal 
consultation. These measures are listed below and further explained in 
the 2010 BiOp (see ADDRESSES).
    1. NMFS must establish a TAC for Atka mackerel in Area 543 
sufficient to support the incidental discarded catch that may occur in 
other targeted groundfish fisheries.
    This measure is necessary to provide for the discarded incidental 
catch of Atka mackerel that may occur in other groundfish fisheries in 
Area 543. The Area 543 Atka mackerel TAC is established in the annual 
harvest specification as required by Sec.  679.20. Because retention of 
Atka mackerel will be prohibited in Area 543, the Atka mackerel TAC 
should not be set higher than what is needed to support the discarded 
incidental catch.
    2. For Pacific cod in Area 542, NMFS must reinitiate ESA 
consultation if the nontrawl gear harvest exceeds 1.5 percent of the 
BSAI Pacific cod ABC or if the trawl harvest exceeds two percent of the 
BSAI Pacific cod ABC. These percentages are equivalent to the Area 542 
maximum annual trawl and nontrawl gear harvest amounts from 2007 
through 2009.
    3. For Pacific cod in Area 541, NMFS must reinitiate ESA 
consultation if the nontrawl gear harvest exceeds 1.5 percent of the 
BSAI Pacific cod ABC or if the trawl harvest exceeds 11.25 percent of 
the BSAI Pacific cod ABC. These percentages are equivalent to the Area 
541 maximum annual trawl and nontrawl harvest amounts from 2007 through 
2009.
    The RPA allows Pacific cod fishery removals in Area 542 and 541 
that do not exceed recent historical amounts. With the closure of Area 
543 to Pacific cod fishing, Pacific cod harvests in Areas 542 and 541 
may increase as vessels shift into areas open to Pacific cod directed 
fishing. If the amount of Pacific cod fishing increases beyond 
historical amounts in Areas 542 and 541, NMFS will need to consider the 
potential effects of this increased harvest on Steller sea lions and 
determine if any additional protection measures are needed to protect 
the western DPS of Steller sea lions and its designated critical 
habitat.

Regulatory Amendments

Definitions

    Two definitions for the HLA Atka mackerel fisheries are removed 
from Sec.  679.2. Neither of these definitions is needed with the 
elimination of the HLA and platooning method of managing Atka mackerel 
harvest in Areas 543 and 542.

Permits

    Section 679.4(b)(5) is revised to remove references to the HLA Atka 
mackerel fishery. Permit applicants will no longer need to indicate 
participation in the HLA fishery as this type of harvest management is 
eliminated by this interim final rule.

Prohibitions

    Section 679.7(a) is revised to remove references to the HLA fishery 
and to add prohibitions for the Atka mackerel and Pacific cod 
fisheries. Paragraph (a)(19) is revised to remove reference to the HLA 
fishery and to add the retention prohibition for Atka mackerel and 
Pacific cod in Area 543. Paragraph (a)(23) is added to prohibit 
directed fishing for Pacific cod with hook-and-line, pot, and jig gear 
in Areas 542 and 541 from November 1, 1200 hours, A.l.t., through 
December 31, 2400 hours, A.l.t. Paragraphs (a)(19) and (a)(23) are 
specific to vessels harvesting Pacific cod that is required to be 
deducted from the Federal TAC and that are required to be Federally 
permitted.
    Paragraph (a)(24) is added to prohibit directed fishing for Atka 
mackerel in the Bering Sea subarea with a vessel required to be 
Federally permitted. Paragraph (a)(25) is added to prohibit directed 
fishing for Atka mackerel inside of critical habitat of Gramp Rock and 
Tag Island unless the participant is fishing under an Amendment 80 
cooperative quota permit or under authority of a CDQ allocation. 
Paragraph (d)(10) is added to require CDQ Atka mackerel fishing to be 
seasonally apportioned in the same manner as non-CDQ fishing.

General Limitations

    Section 679.20 is revised to remove provisions for the HLA Atka 
mackerel fishery under paragraph (a)(8)(iii) and to change provisions 
for Atka mackerel harvest in the BSAI. Paragraph (a)(8)(ii)(A) is 
revised to remove the exception for CDQ reserves in establishing 
seasonal allowances. This will insure CDQ Atka mackerel fishing is 
seasonally apportioned in the same manner as non-CDQ fishing. Paragraph 
(a)(8)(ii)(C) is revised to remove the HLA provisions and to add three 
subparagraphs to describe the harvest limitations for Atka mackerel in 
Area 542. These limitations are the 10 percent CDQ or Amendment 80 
cooperatives Atka mackerel allocation inside critical habitat at Gramp 
Rock and Tag Island, the seasonal apportionment of the critical habitat 
harvest, and the setting of TAC at no more than 47 percent of Area 542 
ABC. Paragraph (c)(6) also is revised to remove reference to the HLA 
fishery for purposes of the harvest specifications.

Closures

    Section 679.22 is revised to describe the Pacific cod and Atka 
mackerel closures implemented by this rule and to remove references to 
the HLA Atka mackerel fishery. Paragraph (a)(8)(vi) is revised to 
remove reference to Table 6 and to establish the closure to directed 
fishing for Atka mackerel in the entire Bering Sea subarea. Reference 
to Table 6 for Atka mackerel closures is no longer necessary as the 
entire Bering Sea subarea is closed to directed fishing by this rule.
    The Pacific cod directed fishing restriction during the HLA Atka 
mackerel fishery under paragraph (a)(8)(iv)(A) is removed because of 
the elimination of the HLA fishery. Paragraph (a)(8)(iv) is modified to 
include jig gear and to specify that the closures apply to vessels 
required to be Federally permitted and that harvest Pacific cod that is 
deducted from the Federal TAC. This revision is necessary to insure the 
closure areas apply to all Pacific cod gear types and the vessels to 
which the closures apply are clearly described.
    Paragraph (b)(6) is removed from the regulations as this provision 
for the Chiniak Gully Research Area has expired.

Seasons

    Section 679.23 is revised to change the BSAI Atka mackerel seasons 
and to

[[Page 77542]]

insure these seasons apply to the CDQ Atka mackerel fishery. Paragraph 
(e)(3) is revised to remove reference to non-CDQ fisheries for the Atka 
mackerel seasons and to extend the A and B seasons as described in the 
RPA. Paragraph (e)(4) is revised to insure the CDQ Atka mackerel 
fishery is seasonally apportioned. Paragraphs (e)(4)(iv) and (e)(4)(v) 
are removed from the regulations as these provisions have expired. 
These revisions are necessary to insure the Atka mackerel seasons apply 
to CDQ fishing and to implement these seasons as described in the RPA.

Observer Program

    Section 679.50(c)(1)(x) is removed because it applied to observer 
coverage requirements for the HLA Atka mackerel fishery. The HLA 
fishery is eliminated by this interim final rule so this paragraph is 
no longer needed.

Tables

    Tables 5, 6, and 12 to 50 CFR part 679 are revised by this interim 
final rule. Because this interim final rule prohibits retention of Atka 
mackerel and Pacific cod in Area 543, the Steller sea lion sites 
located in Area 543 are removed from Tables 5 and 6. This revision is 
needed to clarify the application of closure areas around Steller sea 
lions sites in the Aleutian Islands subarea.
    In Table 5 to 50 CFR part 679, columns 7, 8, and 9 and the 
footnotes are revised to reflect the closures for Pacific cod by gear 
type in the Aleutian Islands subarea and elimination of the HLA Atka 
mackerel fishery implemented by this interim final rule. Footnote 11 is 
removed to eliminate HLA fishery restrictions for the Pacific cod trawl 
fishery. Footnote 14 is added to describe the closures for Gramp Rock 
and Tanaga Island/Bumpy Point, which differ west and east of 178[deg]0' 
00'' W longitude. This footnote also describes the area closures for 
the footnoted sites during two time periods of the year. Footnote 15 
describes the vessel size specific closures for the Pacific cod hook-
and-line, jig, and pot vessels in Area 542. Even though jig is not 
identified in the gear columns of the Table 5, the same restrictions 
apply to jig vessels, which are separately described in footnote 15. 
Footnote 16 describes the Pacific cod pot, hook-and-line, and jig 
closures in Area 541, and jig restrictions are also separately referred 
to in the footnote. Footnote 17 is added to clarify the closure areas 
around Kiska Island sites that may overlap into Area 543. These 
revisions are necessary to insure the closures as described by the RPA 
are implemented.
    Table 6 to 50 CFR part 679 is revised to remove Steller sea lion 
sites that occur in the Area 543 and in the Bering Sea subarea, to 
remove reference to the HLA Atka mackerel fishery, and to describe the 
closures implemented by this interim final rule. The Steller sea lion 
sites for the Area 543 and for the Bering Sea subarea no longer have 
closures specific to each site because this interim final rule closes 
the entire Area 543 to Atka mackerel retention and closes the entire 
Bering Sea subarea to directed fishing for Atka mackerel. For this 
reason, these sites are removed from Table 6. Column 7 of Table 6 is 
revised to show the closures in Area 542. These closures are designed 
to allow limited fishing inside critical habitat, as provided by the 
RPA. Footnotes 2 and 3 are revised and Footnote 6 is removed to remove 
reference to the Bering Sea subarea because directed fishing for Atka 
mackerel is closed in the entire subarea. Footnote 7 is renumbered to 
Footnote 4 and revised to describe the closure around Tanaga Island/
Bumpy Point implemented by this interim final rule. A new Footnote 6 is 
added to describe the closure around Gramp Rock implemented by this 
interim final rule. A new Footnote 7 is added to describe the closures 
around Amatignak Island, Nitrof Point, Unalga & Dinkum Rocks, Ulak 
Island/Hasgox Point, and Kavalga Island implemented by this interim 
final rule. These revisions are necessary to insure that the protection 
measures described by the RPA are implemented.
    Table 12 to 50 CFR part 679 is revised to be consistent with the 
regulations at 50 CFR 223.202(a)(2) and (a)(3) and to add the Kanaga 
Island/Ship Rock rookery. Section 223.202(a)(2) and (a)(3) specify the 
3-nm no-transit areas around rookeries in the Aleutian Islands subarea 
and Gulf of Alaska. The Walrus Island rookery has the wrong designation 
for no-transit areas in column 7 of Table 12 to 50 CFR part 679. Walrus 
Island is located in the Bering Sea subarea and does not have a 3-nm 
no-transit area, and this interim final rule corrects this error in 
Table 12 to 50 CFR part 679. This interim final rule also adds Kanaga 
Island/Ship Rock rookery to Table 12, applying a 3-nm no groundfish 
fishing area around this site. Kanaga Island/Ship Rock is not included 
in the Sec.  223.202(a)(2) and (a)(3) regulations and does not have a 
3-nm no-transit area. Column 7 of Table 12 to 50 CFR part 679 is 
revised for each of these sites to indicate the presence or absence of 
the 3-nm no-transit areas.

Classification

    The Administrator, Alaska Region, NMFS, determined that this 
interim final rule is necessary for the conservation and management of 
the BSAI groundfish fishery and that it is consistent with the 
Magnuson-Stevens Act and other applicable laws. Also, this action is 
directly responding to a reasonable and prudent alternative recommended 
in a biological opinion, and fulfills NMFS's responsibility under the 
ESA.
    This interim final rule has been determined to be significant for 
purposes of Executive Order 12866.
    Formal section 7 consultation under the ESA was completed for this 
interim final rule under the FMPs for the groundfish fisheries of the 
BSAI and the GOA. In the 2010 BiOp, the NMFS Alaska Region 
Administrator determined that as currently managed, NMFS could not 
insure that the Alaska groundfish fisheries are not likely to 
jeopardize the continued existence of the western DPS of Steller sea 
lions or adversely modify its designated critical habitat. This interim 
final rule, developed in response to that finding and based on the RPA 
in the 2010 BiOp, has been determined by NMFS to insure that the Alaska 
groundfish fisheries are not likely to jeopardize the continued 
existence of the western DPS of Steller sea lions or adversely modify 
its designated critical habitat.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to the public interest. 
NMFS provided a 30-day public review and comment period on the draft 
2010 BiOp and on the draft EA/RIR supporting this action. NMFS reviewed 
and addressed all comments received before completion of the 2010 BiOp 
and adjusted the proposed RPA in response to public comment. The 2010 
BiOp, with the final RPA, was signed November 24, 2010. Because of the 
timing of the start of the fisheries, which begins on January 1, 2011, 
in relation to the completion of the 2010 BiOp, it is impracticable to 
complete rulemaking before the start of the fisheries with a public 
review and comment period. This interim final rule implements the final 
RPA based on consideration of public comments on the draft RPA. NMFS 
must insure the prosecution of a fishery is compliant with the ESA, 
which would not be possible if additional time was used to provide for 
a public review and comment period and agency processing of additional 
public comments on this action, as the fishery commences on January 1. 
These protection measures are necessary to prevent the likelihood that 
these fisheries will jeopardize the

[[Page 77543]]

continued existence of endangered Steller sea lions and adversely 
modify their critical habitat.
    There also is good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness. The Steller sea lion protection measures 
must be effective by January 1, 2011, when the Pacific cod hook-and-
line, pot, and jig fisheries are scheduled to open by regulation. These 
protection measures are necessary to prevent the likelihood that these 
fisheries will jeopardize the continued existence of endangered Steller 
sea lions and adversely modify their critical habitat. Accordingly, it 
is impracticable to delay for 30 days the effective date of this rule. 
Therefore, good cause exists to waive the 30-day delay in effectiveness 
pursuant to 5 U.S.C. 553(b)(3), and to make the rule effective January 
1, 2011.
    Although we are waiving prior notice and opportunity for public 
comment, we are requesting post promulgation comments until January 12, 
2011. Please see ADDRESSES for more information on the ways to submit 
comments.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by OMB 
under control number 0648-0206. Public reporting burden for Federal 
Fisheries Permit Application is estimated to average 21 minutes per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and by e-mail to OIRA_Submission@omb.eop.gov, or fax to 
202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: December 8, 2010.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine 
Fisheries Service.

0
For reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447.

0
2. In Sec.  679.2, remove the definitions for ``Harvest limit area for 
platoon managed Atka mackerel directed fishing'' and ``Harvest limit 
area (HLA) for Atka mackerel directed fishing.''

0
3. In Sec.  679.4, remove paragraph (b)(5)(vii) and revise paragraph 
(b)(5)(vi) to read as follows:


Sec.  679.4  Permits.

* * * * *
    (b) * * *
    (5) * * *
    (vi) Atka mackerel, pollock, and Pacific cod directed fisheries.
    (A) Indicate use of pot, hook-and-line, or trawl gear in the 
directed fisheries for pollock, Atka mackerel, or Pacific cod.
    (B) Selections for species endorsements will remain valid until an 
FFP is amended to remove those endorsements or the permit with these 
endorsements is surrendered or revoked.
* * * * *

0
4. In Sec.  679.7, revise paragraph (a)(19) and add paragraphs (a)(23), 
(a)(24), (a)(25), and (d)(10) to read as follows:


 679.7  Prohibitions.

* * * * *
    (a) * * *
    (19) Atka mackerel and Pacific cod prohibition in Area 543. Retain 
in Area 543 or in adjacent State waters Pacific cod or Atka mackerel 
required to be deducted from the Federal TAC specified under Sec.  
679.20 on a vessel required to be Federally permitted.
* * * * *
    (23) Pacific cod directed fishing prohibition by hook-and-line, 
pot, or jig vessels in the Aleutian Islands subarea. Conduct directed 
fishing for Pacific cod required to be deducted from the Federal TAC 
specified under Sec.  679.20 in the Aleutian Islands subarea and 
adjacent State waters with a vessel required to be Federally permitted 
using hook-and-line, pot, or jig gear November 1, 1200 hours, A.l.t., 
to December 31, 2400 hours, A.l.t.
    (24) Atka mackerel directed fishing in the Bering Sea subarea. 
Conduct directed fishing for Atka mackerel in the Bering Sea subarea 
and adjacent State waters with a vessel required to be Federally 
permitted.
    (25) Atka mackerel directed fishing inside Steller sea lion 
critical habitat in Area 542. Conduct directed fishing for Atka 
mackerel inside waters 10 nm to 20 nm of Gramp Rock and Tag Island 
rookeries, as described on Table 12 to this part, unless fishing under 
the authority of a CDQ allocation or an Amendment 80 cooperative quota 
permit.
* * * * *
    (d) * * *
    (10) For a CDQ group, exceed a seasonal allowance of Atka mackerel 
under Sec.  679.20(a)(8)(ii).
* * * * *

0
5. In Sec.  79.20, remove and reserve paragraph (a)(8)(iii), and revise 
paragraphs (a)(8)(ii)(A), (a)(8)(ii)(C), and (c)(6) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (8) * * *
    (ii) * * *
    (A) Seasonal allowances. The Atka mackerel TAC specified for each 
subarea or district will be divided equally, after subtraction of the 
jig gear allocation, into two seasonal allowances corresponding to the 
A and B seasons defined at Sec.  679.23(e)(3).
* * * * *
    (C) Area 542 Atka mackerel harvest limitations--(1) Atka mackerel 
catch within waters 10 nm to 20 nm of Gramp Rock and Tag Island, as 
described on Table 12 to this part, is limited to:
    (i) No more than 10 percent of an Amendment 80 cooperative's Area 
542 Atka mackerel allocation, and
    (ii) No more than 10 percent of a CDQ group's Area 542 Atka 
mackerel allocation.
    (2) Atka mackerel harvest within waters 10 nm to 20 nm of Gramp 
Rock and Tag Island, as described on Table 12 to this part, is equally 
divided between the A and B seasons defined at Sec.  679.23(e)(3).
    (3) The annual TAC will be no greater than 47 percent of the ABC.
* * * * *
    (c) * * *
    (6) BSAI Atka mackerel allocations. The proposed and final harvest 
specifications will specify the allocation of BSAI Atka mackerel among 
gear types as authorized under paragraph (a)(8) of this section.
* * * * *

[[Page 77544]]


0
6. In Sec.  679.22, revise paragraphs (a)(7)(vi) and (a)(8)(iv), and 
remove and reserve paragraph (b)(6) to read as follows:


Sec.  679.22  Closures.

    (a) * * *
    (7) * * *
    (vi) Atka mackerel closures. Directed fishing for Atka mackerel by 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) and 
using trawl gear is prohibited within the Bering Sea subarea.
* * * * *
    (8) * * *
    (iv) Pacific cod closures. Directed fishing for Pacific cod 
required to be deducted from the Federal TAC specified at Sec.  679.20 
by vessels named on a Federal Fisheries Permit under Sec.  679.4(b) 
using trawl, hook-and-line, jig, or pot gear is prohibited within the 
Pacific cod no-fishing zones around selected sites. These sites and 
gear types are described in Table 5 of this part and its footnotes and 
are identified by ``AI'' in column 2.
* * * * *

0
7. In Sec.  679.23, remove paragraphs (e)(4)(iv) and (e)(4)(v) and 
revise paragraphs (e)(3) and (e)(4)(iii) to read as follows:


Sec.  679.23  Seasons.

* * * * *
    (e) * * *
    (3) Directed fishing for Atka mackerel with trawl gear. Subject to 
other provisions of this part, directed fishing for Atka mackerel with 
trawl gear in the BSAI is authorized only during the following two 
seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (4) * * *
    (iii) Groundfish CDQ. Fishing for groundfish CDQ species, other 
than CDQ pollock; hook-and-line, pot, jig, or trawl CDQ Pacific cod; 
trawl CDQ Atka mackerel; and fixed gear CDQ sablefish under subpart C 
of this part, is authorized from 0001 hours, A.l.t., January 1 through 
the end of each fishing year, except as provided under paragraph (c) of 
this section.
* * * * *


679.50  [Amended]

0
8. In Sec.  679.50, remove paragraph (c)(1)(x).

0
9. In 50 CFR part 679, revise Tables 5, 6, and 12 to read as follows:
BILLING CODE 3510-22-P

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[FR Doc. 2010-31226 Filed 12-8-10; 4:15 pm]
BILLING CODE 3510-22-C