Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program; Pacific Halibut Bycatch Quota for the Remainder of the 2011 Fishery, 42588-42589 [2011-18013]

Download as PDF wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 42588 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations stocks or stock components managed under both the NE Multispecies FMP and the Understanding, the PDT shall develop recommendations for ABCs, ACLs, and OFLs for the pertinent stock or stock components annually, as described in this paragraph (a)(4) and § 648.85(a)(2). * * * * * (iii) * * * (E) Regulated species or ocean pout catch by the NE multispecies commercial and recreational fisheries. Unless otherwise specified in the ACL recommendations developed pursuant to paragraph (a)(4)(i)(B) of this section, after all of the deductions and considerations specified in paragraphs (a)(4)(iii)(A) through (D) of this section, the remaining ABC/ACL for each regulated species or ocean pout stock shall be allocated to the NE multispecies commercial and recreational fisheries, pursuant to this paragraph (a)(4)(iii)(E). * * * * * (2) Commercial allocation. Unless otherwise specified in this paragraph (a)(4)(iii)(E)(2), the ABC/ACL for regulated species or ocean pout stocks available to the commercial NE multispecies fishery, after consideration of the recreational allocation pursuant to paragraph (a)(4)(iii)(E)(1) of this section, shall be divided between vessels operating under approved sector operations plans, as described at § 648.87(c), and vessels operating under the provisions of the common pool, as defined in this part, based upon the cumulative PSCs of vessels participating in sectors calculated pursuant to § 648.87(b)(1)(i)(E). For fishing years 2010 and 2011, the ABC/ACL of each regulated species or ocean pout stocks not allocated to sectors pursuant to § 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, SNE/MA winter flounder, ocean pout, windowpane flounder, and Atlantic wolffish) that is available to the commercial NE multispecies fishery shall be allocated entirely to the common pool. Unless otherwise specified in paragraph (a)(5) of this section, regulated species or ocean pout catch by common pool and sector vessels shall be deducted from the subACL/ACE allocated pursuant to this paragraph (a)(4)(iii)(E)(2) for the purposes of determining whether adjustments to common pool measures are necessary, pursuant to the common pool AMs specified in § 648.82(n), or whether sector ACE overages must be deducted, pursuant to § 648.87(b)(1)(iii). * * * * * (5) * * * (i) * * * VerDate Mar<15>2010 14:19 Jul 18, 2011 Jkt 223001 (A) Excessive catch by common pool vessels. If the catch of regulated species and ocean pout by common pool vessels exceeds the amount of the ACL specified for common pool vessels pursuant to paragraph (a)(4)(iii)(E)(2) of this section, then the AMs described in § 648.82(n) shall take effect. Pursuant to the distribution of ABCs/ACLs specified in paragraph (a)(4)(iii)(E)(2) of this section, for the purposes of this paragraph (a)(5)(i)(A), the catch of each regulated species or ocean pout stock not allocated to sectors pursuant to § 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, SNE/MA winter flounder, ocean pout, windowpane flounder, and Atlantic wolffish) during fishing years 2010 and 2011 shall be added to the catch of such stocks by common pool vessels to determine whether the differential DAS counting AM described in § 648.82(n)(1) shall take effect. If such catch does not exceed the portion of the ACL specified for common pool vessels pursuant to paragraph (a)(4)(iii)(E)(2) of this section, then no AMs shall take effect for common pool vessels. * * * * * (ii) AMs if the overall ACL for a regulated species or ocean pout stock is exceeded. If the catch of any stock of regulated species or ocean pout by vessels fishing outside of the NE multispecies fishery; vessels fishing in state waters outside of the FMP; or vessels fishing in exempted fisheries, as defined in this part; or the catch of yellowtail flounder by the Atlantic sea scallop fishery exceeds the subcomponent of the ACL for that stock specified for such fisheries pursuant to paragraphs (a)(4)(iii)(A) through (C) of this section, and the overall ACL for that stock is exceeded, then the amount of the overage of the overall ACL for that stock due to catch from vessels fishing outside of the NE multispecies fishery shall be distributed among components of the NE multispecies fishery based upon each component’s share of that stock’s ACL available to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(E) of this section. Each component’s share of the ACL overage for a particular stock would be then added to the catch of that stock by each component of the NE multispecies fishery to determine if the resulting sum of catch of that stock for each component of the fishery exceeds that individual component’s share of that stock’s ACL available to the NE multispecies fishery. If the total catch of that stock by any component of the NE multispecies fishery exceeds the amount of the ACL specified for that component of the NE multispecies fishery pursuant PO 00000 Frm 00120 Fmt 4700 Sfmt 4700 to paragraph (a)(4)(iii)(E) of this section, then the AMs specified in paragraphs (a)(5)(i)(A) through (C) of this section shall take effect, as applicable. If the catch of any stock of regulated species or ocean pout by vessels outside of the FMP exceeds the sub-component of the ACL for that stock specified pursuant to paragraphs (a)(4)(iii)(A) through (C) of this section, but the overall ACL for that stock is not exceeded, even after consideration of the catch of that stock by other sub-components of the fishery, then the AMs specified in this paragraph (a)(5)(ii) shall not take effect. * * * * * 15. In § 648.92, revise the introductory text of paragraph (b)(1)(iii) to read as follows: § 648.92 Effort-control program for monkfish limited access vessels. * * * * * (b) * * * (1) * * * (iii) DAS declaration provision for vessels fishing in the NFMA with a VMS unit. Any limited access NE multispecies vessel fishing on a sector trip or under a NE multispecies Category A DAS in the NFMA, and issued an LOA as specified in § 648.94(f), may change its DAS declaration to a monkfish DAS through the vessel’s VMS unit during the course of the trip after leaving port, but prior to crossing the VMS demarcation line upon its return to port or leaving the NFMA, if the vessel exceeds the incidental catch limit specified under § 648.94(c). * * * * * [FR Doc. 2011–18012 Filed 7–18–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 RIN 0648–BA40 [Docket No. 101221628–0628–01] Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program; Pacific Halibut Bycatch Quota for the Remainder of the 2011 Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Agency determination. E:\FR\FM\19JYR1.SGM 19JYR1 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 SUMMARY: NMFS announces that the provisions for the Pacific halibut trawl mortality bycatch limit and for calculation of Pacific halibut individual bycatch quota (IBQ) pounds in the Shorebased Individual Fishing Quota (IFQ) Program will remain in effect for the remainder of the 2011 groundfish fishery. This announcement is required in order to maintain the current amount of Pacific halibut IBQ pounds in the Shorebased IFQ Program. DATES: Effective on July 19, 2011. ADDRESSES: Background information and documents are available from William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115–0070; or by phone at 206–526–6150. FOR FURTHER INFORMATION CONTACT: Gretchen A. Hanshew, 206–526–6147; (fax) 206–526–6736; Gretchen.Hanshew@noaa.gov. SUPPLEMENTARY INFORMATION: On December 30, 2010, NMFS published a rule (75 FR 82296) that, among other actions, revised the Pacific halibut trawl VerDate Mar<15>2010 14:19 Jul 18, 2011 Jkt 223001 mortality bycatch limit, specified at § 660.55(m), subpart C, and calculations for issuance of IBQ pounds in the Shorebased IFQ Program, specified at § 660.140(d)(1)(ii)(C), subpart D. Further background information for this action is provided in the preamble text of the December 30, 2010, rule and in the supporting documents for that action, and is not repeated here. One public comment letter was received in response to the December 30, 2010, rule. In its January 31, 2011, letter, the Natural Resource Defense Council urged NMFS to provide adequate protection and adopt conservative harvest levels for rebuilding groundfish species, particularly for yelloweye rockfish, cowcod and darkblotched rockfish. No comments were made specific to provisions at § 660.55(m), subpart C, or § 660.140(d)(1)(ii)(C), subpart D. The provisions that were the subject of the January 31, 2011, letter of comment were superseded by the final rule for the 2011–2012 biennial specifications and management measures (May 11, 2011, PO 00000 Frm 00121 Fmt 4700 Sfmt 9990 42589 76 FR 27508), and are not related to the measures at issue in this notice. The Pacific Fishery Management Council is actively working to prepare an amendment to the Pacific Coast Groundfish Fishery Management Plan to address the Pacific halibut trawl mortality bycatch limit and calculation of Pacific halibut IBQ pounds in the Shorebased IFQ Program for 2012 and beyond. Therefore, this document announces the agency determination made prior to June 29, 2011, to continue through December 31, 2011, the measures set forth in the December 30, 2010, rule at § 660.55(m), subpart C, and § 660.140(d)(1)(ii)(C), subpart D. Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq. Dated: July 12, 2011. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2011–18013 Filed 7–18–11; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\19JYR1.SGM 19JYR1

Agencies

[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42588-42589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18013]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BA40
[Docket No. 101221628-0628-01]


Fisheries Off West Coast States; Pacific Coast Groundfish Fishery 
Management Plan; Amendments 20 and 21; Trawl Rationalization Program; 
Pacific Halibut Bycatch Quota for the Remainder of the 2011 Fishery

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

ACTION: Agency determination.

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[[Page 42589]]

SUMMARY: NMFS announces that the provisions for the Pacific halibut 
trawl mortality bycatch limit and for calculation of Pacific halibut 
individual bycatch quota (IBQ) pounds in the Shorebased Individual 
Fishing Quota (IFQ) Program will remain in effect for the remainder of 
the 2011 groundfish fishery. This announcement is required in order to 
maintain the current amount of Pacific halibut IBQ pounds in the 
Shorebased IFQ Program.

DATES: Effective on July 19, 2011.

ADDRESSES: Background information and documents are available from 
William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 
7600 Sand Point Way NE., Seattle, WA 98115-0070; or by phone at 206-
526-6150.

FOR FURTHER INFORMATION CONTACT: Gretchen A. Hanshew, 206-526-6147; 
(fax) 206-526-6736; Gretchen.Hanshew@noaa.gov.

SUPPLEMENTARY INFORMATION: On December 30, 2010, NMFS published a rule 
(75 FR 82296) that, among other actions, revised the Pacific halibut 
trawl mortality bycatch limit, specified at Sec.  660.55(m), subpart C, 
and calculations for issuance of IBQ pounds in the Shorebased IFQ 
Program, specified at Sec.  660.140(d)(1)(ii)(C), subpart D. Further 
background information for this action is provided in the preamble text 
of the December 30, 2010, rule and in the supporting documents for that 
action, and is not repeated here.
    One public comment letter was received in response to the December 
30, 2010, rule. In its January 31, 2011, letter, the Natural Resource 
Defense Council urged NMFS to provide adequate protection and adopt 
conservative harvest levels for rebuilding groundfish species, 
particularly for yelloweye rockfish, cowcod and darkblotched rockfish. 
No comments were made specific to provisions at Sec.  660.55(m), 
subpart C, or Sec.  660.140(d)(1)(ii)(C), subpart D. The provisions 
that were the subject of the January 31, 2011, letter of comment were 
superseded by the final rule for the 2011-2012 biennial specifications 
and management measures (May 11, 2011, 76 FR 27508), and are not 
related to the measures at issue in this notice.
    The Pacific Fishery Management Council is actively working to 
prepare an amendment to the Pacific Coast Groundfish Fishery Management 
Plan to address the Pacific halibut trawl mortality bycatch limit and 
calculation of Pacific halibut IBQ pounds in the Shorebased IFQ Program 
for 2012 and beyond.
    Therefore, this document announces the agency determination made 
prior to June 29, 2011, to continue through December 31, 2011, the 
measures set forth in the December 30, 2010, rule at Sec.  660.55(m), 
subpart C, and Sec.  660.140(d)(1)(ii)(C), subpart D.

    Authority:  16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.

    Dated: July 12, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-18013 Filed 7-18-11; 8:45 am]
BILLING CODE 3510-22-P
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