Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 12607-12608 [2011-5234]

Download as PDF Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. In accordance with § 679.22(a)(7)(i)(C), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that 113 metric tons of Pacific cod have been caught by catcher vessels less than 60 ft LOA using jig or hook-and-line gear in the Bogoslof exemption area described at § 679.22(a)(7)(i)(C)(1). Consequently, the Regional Administrator is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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 closure of Pacific cod by catcher vessels less than 60 ft LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 2, 2011. 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 § 679.22 and is exempt from review under Executive Order 12866. emcdonald on DSK2BSOYB1PROD with RULES Authority: 16 U.S.C. 1801 et seq. 18:59 Mar 07, 2011 [FR Doc. 2011–5224 Filed 3–3–11; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126521–0640–02] RIN 0648–XA262 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. AGENCY: Classification VerDate Mar<15>2010 Dated: March 3, 2011. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Jkt 223001 NMFS is reallocating the projected unused amounts of the Aleut Corporation’s pollock directed fishing allowance and the Community Development Quota from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2011 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 8, 2011, until 2400 A.l.t., December 31, 2011, unless otherwise modified or superseded through publication of a notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) exclusive economic zone 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 (Council) SUMMARY: PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 12607 under authority of the MagnusonStevens 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 Aleutian Islands subarea, the portion of the 2011 pollock total allowable catch (TAC) allocated to the Aleut Corporation’s directed fishing allowance (DFA) is 15,500 metric tons (mt) and the Community Development Quota (CDQ) is 1,900 mt as established by the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011). As of March 1, 2011, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 12,500 mt of Aleut Corporation’s DFA and 1,900 mt of pollock CDQ in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 12,500 mt of Aleut Corporation’s DFA and 1,900 mt of pollock CDQ from the Aleutian Islands subarea to the 2011 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ is added to the 2011 Bering Sea CDQ DFA. The remaining 12,500 mt of pollock is apportioned to the Bering Sea subarea by AFA sector. The AFA Inshore sector receives 6,250 mt (50 percent), the AFA catcher/processor sector receives 5,000 mt (40 percent), and the AFA mothership sector receives 1,250 mt (10 percent). The 2011 pollock incidental catch allowance remains at 33,804 mt. As a result, the harvest specifications for pollock in the Aleutian Islands subarea included in the final harvest 2011 and 2012 specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) are revised as follows. For the Aleutian Islands subarea, 3,000 mt to Aleut Corporation’s DFA and 0 mt to CDQ pollock. Furthermore, pursuant to § 679.20(a)(5), Table 3 of the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) is revised to make 2011 pollock allocations consistent with this reallocation. This reallocation results in proportional adjustments to the 2011 Aleut Corporation and CDQ pollock allocations established at § 679.20(a)(5). E:\FR\FM\08MRR1.SGM 08MRR1 12608 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations TABLE 3—FINAL 2011 AND 2012 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 [All amounts in metric tons] 2011 A season 1 2011 allocations Area and sector 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 ....................................... Aleutian Islands subarea 1 ................................ CDQ DFA .......................................................... ICA .................................................................... Aleut Corporation .............................................. Bogoslof District ICA 7 ....................................... A season DFA 1,266,400 127,100 33,804 552,748 442,198 404,612 37,587 2,211 110,550 193,462 331,649 1,105,496 4,600 0 1,600 3,000 150 SCA harvest limit 2 n/a 50,840 n/a 221,099 176,879 161,845 15,035 884 44,220 n/a n/a 442,198 n/a 0 800 3,000 n/a n/a 35,588 n/a 154,769 123,816 n/a n/a n/a 30,954 n/a n/a 309,539 n/a n/a n/a n/a n/a 2011 B season 1 B season DFA n/a 76,260 n/a 331,649 265,319 242,767 22,552 1,327 66,330 n/a n/a 663,298 n/a 0 800 0 n/a 2012 A season 1 2012 Allocations A season DFA 1,253,658 125,366 33,849 547,222 437,777 400,566 37,211 2,189 109,444 191,528 328,333 1,094,443 19,000 1,900 1,600 15,500 150 n/a 50,146 n/a 218,889 175,111 160,227 14,884 876 43,778 n/a n/a 437,777 n/a 760 800 15,500 n/a SCA harvest limit 2 2012 B season 1 B season DFA n/a 35,102 n/a 153,222 122,578 n/a n/a n/a 30,644 n/a n/a 306,444 n/a n/a n/a n/a n/a n/a 75,219 n/a 328,333 262,666 240,340 22,327 1,313 65,667 n/a n/a 656,666 n/a 1,140 800 0 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 percent), is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1. 3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector’s allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. 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 non-CDQ 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 emcdonald on DSK2BSOYB1PROD with RULES This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of AI pollock. VerDate Mar<15>2010 18:59 Mar 07, 2011 Jkt 223001 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 seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 2, 2011. PO 00000 Frm 00060 Fmt 4700 Sfmt 9990 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: March 3, 2011. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–5234 Filed 3–7–11; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12607-12608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5234]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA262

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.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut
Corporation's pollock directed fishing allowance and the Community
Development Quota from the Aleutian Islands subarea to the Bering Sea
subarea directed fisheries. These actions are necessary to provide
opportunity for harvest of the 2011 total allowable catch of pollock,
consistent with the goals and objectives of the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands Management Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 8, 2011,
until 2400 A.l.t., December 31, 2011, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI) exclusive economic zone
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 (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 Aleutian Islands subarea, the portion of the 2011 pollock
total allowable catch (TAC) allocated to the Aleut Corporation's
directed fishing allowance (DFA) is 15,500 metric tons (mt) and the
Community Development Quota (CDQ) is 1,900 mt as established by the
final 2011 and 2012 harvest specifications for groundfish in the BSAI
(76 FR 11139, March 1, 2011).
As of March 1, 2011, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that 12,500 mt of Aleut
Corporation's DFA and 1,900 mt of pollock CDQ in the Aleutian Islands
subarea will not be harvested. Therefore, in accordance with Sec.
679.20(a)(5)(iii)(B)(4), NMFS reallocates 12,500 mt of Aleut
Corporation's DFA and 1,900 mt of pollock CDQ from the Aleutian Islands
subarea to the 2011 Bering Sea subarea allocations. The 1,900 mt of
pollock CDQ is added to the 2011 Bering Sea CDQ DFA. The remaining
12,500 mt of pollock is apportioned to the Bering Sea subarea by AFA
sector. The AFA Inshore sector receives 6,250 mt (50 percent), the AFA
catcher/processor sector receives 5,000 mt (40 percent), and the AFA
mothership sector receives 1,250 mt (10 percent). The 2011 pollock
incidental catch allowance remains at 33,804 mt. As a result, the
harvest specifications for pollock in the Aleutian Islands subarea
included in the final harvest 2011 and 2012 specifications for
groundfish in the BSAI (76 FR 11139, March 1, 2011) are revised as
follows. For the Aleutian Islands subarea, 3,000 mt to Aleut
Corporation's DFA and 0 mt to CDQ pollock. Furthermore, pursuant to
Sec. 679.20(a)(5), Table 3 of the final 2011 and 2012 harvest
specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011)
is revised to make 2011 pollock allocations consistent with this
reallocation. This reallocation results in proportional adjustments to
the 2011 Aleut Corporation and CDQ pollock allocations established at
Sec. 679.20(a)(5).

[[Page 12608]]

Table 3--Final 2011 and 2012 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
[All amounts in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 A season \1\ 2011 B 2012 A season \1\ 2012 B
-------------------------- season \1\ -------------------------- season \1\
Area and sector 2011 SCA ------------- 2012 SCA ------------
allocations A season harvest B season Allocations A season harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea.............................. 1,266,400 n/a n/a n/a 1,253,658 n/a n/a n/a
CDQ DFA......................................... 127,100 50,840 35,588 76,260 125,366 50,146 35,102 75,219
ICA \1\......................................... 33,804 n/a n/a n/a 33,849 n/a n/a n/a
AFA Inshore..................................... 552,748 221,099 154,769 331,649 547,222 218,889 153,222 328,333
AFA Catcher/Processors \3\...................... 442,198 176,879 123,816 265,319 437,777 175,111 122,578 262,666
Catch by C/Ps................................... 404,612 161,845 n/a 242,767 400,566 160,227 n/a 240,340
Catch by CVs \3\................................ 37,587 15,035 n/a 22,552 37,211 14,884 n/a 22,327
Unlisted C/P Limit \4\.......................... 2,211 884 n/a 1,327 2,189 876 n/a 1,313
AFA Motherships................................. 110,550 44,220 30,954 66,330 109,444 43,778 30,644 65,667
Excessive Harvesting Limit \5\.................. 193,462 n/a n/a n/a 191,528 n/a n/a n/a
Excessive Processing Limit \6\.................. 331,649 n/a n/a n/a 328,333 n/a n/a n/a
Total Bering Sea DFA............................ 1,105,496 442,198 309,539 663,298 1,094,443 437,777 306,444 656,666
Aleutian Islands subarea \1\.................... 4,600 n/a n/a n/a 19,000 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0 1,900 760 n/a 1,140
ICA............................................. 1,600 800 n/a 800 1,600 800 n/a 800
Aleut Corporation............................... 3,000 3,000 n/a 0 15,500 15,500 n/a 0
Bogoslof District ICA \7\....................... 150 n/a n/a n/a 150 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 percent), is
allocated as a DFA as follows: inshore sector--50 percent, catcher/processor sector (C/P)--40 percent, and mothership sector--10 percent. In the
Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season
(June 10-November 1). Pursuant to 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 (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea,
the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the
annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1.
\3\ Pursuant to 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 non-CDQ
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 non-CDQ
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 AI pollock. 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
seasonal pollock allocations while value is optimum. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of March 2, 2011.
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: March 3, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-5234 Filed 3-7-11; 8:45 am]
BILLING CODE 3510-22-P

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