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]
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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).
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(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).
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(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).
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(5) * * *
(i) * * *
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(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.
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(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
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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.
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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.
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(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).
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[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
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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.
-----------------------------------------------------------------------
[[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