Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2012 Bering Sea Pollock Total Allowable Catch Amount, 81876-81878 [2011-33438]

Download as PDF 81876 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations TABLE 5b—FINAL 2012 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC [Amounts are in metric tons] Gear sector Share of gear sector total Percent Seasonal apportionment Share of sector total Total TAC ...................................... CDQ .............................................. Total hook-and-line/pot gear ......... Hook-and-line/pot ICA 1 ................ Hook-and-line/pot sub-total ........... Hook-and-line catcher/processor .. 100 .............. 10.7 ............. 60.8 ............. n/a ............... n/a ............... 48.7 ............. 261,000 ................. 27,927 ................... 141,708 ................. 500 ........................ 141,208 ................. n/a ......................... n/a ......................... n/a ......................... n/a ......................... n/a ......................... n/a ......................... 113,106 ................. Hook-and-line catcher vessel ≥ 60 ft LOA. 0.2 ............... n/a ......................... 465 ........................ Pot catcher/processor ................... 1.5 ............... n/a ......................... 3,484 ..................... Pot catcher vessel ≥ 60 ft LOA .... 8.4 ............... n/a ......................... 19,509 ................... Catcher vessel < 60 ft LOA using hook-and-line or pot gear. Trawl catcher vessel ..................... 2 .................. n/a ......................... 4,645 ..................... 22.1 ............. 51,509 ................... n/a ......................... AFA trawl catcher/processor ........ 2.3 ............... 5,3610 ................... n/a ......................... Amendment 80 ............................. 13.4 ............. ; 31,232 ................... n/a ......................... Alaska Groundfish Cooperative .... n/a ............... n/a ......................... 5,816 ..................... Alaska Seafood Cooperative ........ n/a ............... n/a ......................... 25,416 ................... Jig ................................................. 1.4 ............... 3,263 ..................... n/a ......................... Dates Amount n/a ............................................... see § 679.20(a)(7)(i)(B) .............. n/a ............................................... see § 679.20(a)(7)(ii)(B) ............. n/a ............................................... Jan 1–Jun 10 .............................. Jun 10–Dec 31 ........................... Jan 1–Jun 10 .............................. n/a. n/a. n/a. n/a. n/a. 57,684. 55,422. 237. Jun 10–Dec 31 ........................... Jan 1–Jun 10 .............................. Sept 1–Dec 31 ........................... Jan 1–Jun 10 .............................. Sept 1–Dec 31 ........................... n/a ............................................... 228. 1,777. 1,707. 9,950. 9,559. n/a. Jan 20–Apr 1 .............................. Apr 1–Jun 10 .............................. Jun 10–Nov 1 ............................. Jan 20–Apr 1 .............................. Apr 1–Jun 10 .............................. Jun 10–Nov 1 ............................. Jan 20–Apr 1 .............................. Apr 1–Jun 10 .............................. Jun 10–Nov 1 ............................. Jan 20–Apr 1 .............................. Apr 1–Jun 10 .............................. Jun 10–Nov 1 ............................. Jan 20–Apr 1 .............................. Apr 1–Jun 10 .............................. Jun 10–Nov 1 ............................. Jan 1–Apr 30 .............................. Apr 30–Aug 31 ........................... Aug 31–Dec 31 .......................... 38,117. 5,666. 7,726. 4,021. 1,340. 0. 23,424. 7,808. 0. 4,362. 1,454. 0. 19,062. 6,354. 0. 1,958. 653. 653. tkelley on DSK3SPTVN1PROD with RULES 1 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt based on anticipated incidental catch in these fisheries. Note: Seasonal or sector apportionments may not total precisely due to rounding. 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) and § 679.25(c)(1)(ii) 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 require harvests lower than the appropriate allocations for Pacific cod, based on the best scientific information available. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 13, 2011, and additional time for prior public comment would result in VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 conservation concerns for the ESAlisted Steller sea lions. 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. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until January 13, 2012. This action is required by § 679.22 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 22, 2011. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–33436 Filed 12–28–11; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00090 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126521–0640–02] RIN 0648–XA906 Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2012 Bering Sea Pollock Total Allowable Catch Amount National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment; request for comments. AGENCY: NMFS is adjusting the 2012 total allowable catch (TAC) amount for the Bering Sea pollock fishery. This action is necessary because NMFS has determined this TAC is incorrectly SUMMARY: E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations specified. This action will ensure the Bering Sea pollock TAC is the appropriate amount based on the best available scientific information for pollock in the Bering Sea subarea. This action is 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.), December 29, 2011, until the effective date of the final 2012 and 2013 harvest specifications for BSAI groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register. Comments must be received at the following address no later than 4:30 p.m., A.l.t., January 13, 2012. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2011–0301, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter NOAA–NMFS–2011–0301 in the keyword search. Locate the document you wish to comment on from the resulting list and click on the ‘‘Submit a Comment’’ icon on that line. • Mail: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. • Fax: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Fax comments to (907) 586–7557. • Hand delivery to the Federal Building: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau, AK. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address) submitted voluntarily by the sender will 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). Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Mary Furuness, (907) 586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 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 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. The 2012 pollock TAC in the Bering Sea subarea was set at 1,253,658 metric tons (mt) by the final 2011 and 2012 harvest specification for groundfish in the BSAI (76 FR 11139, March 1, 2011). 81877 In December 2011, the Council recommended a 2012 pollock TAC of 1,200,000 mt for the Bering Sea subarea. This amount is less than the 1,253,658 mt established by the final 2011 and 2012 harvest specification for groundfish in the BSAI (76 FR 11139, March 1, 2011). The TAC recommended by the Council is based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2011, which NMFS has determined is the best available scientific information for this fishery. Regulations at § 679.20(a)(5)(i)(B) apportion the pollock TAC allocated to the Bering Sea directed pollock fisheries seasonally to distribute catch over time because pollock is a principal prey species for Steller sea lions listed as endangered under the Endangered Species Act. The first seasonal apportionment can be harvested quickly, and must reflect the TAC based on the best available scientific information to provide the opportunity to harvest available TAC in a manner consistent with the established Steller sea lion protection measures. In accordance with § 679.25 (a)(1)(iii) and (a)(2)(i)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2011 SAFE report for this fishery, the current Bering Sea pollock TAC is incorrectly specified. Consequently, the Regional Administrator is adjusting the 2012 pollock TAC to 1,200,000 mt in the Bering Sea subarea. 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), as adjusted by a reallocation of a portion of the 2011 Aleutian Islands subarea (76 FR 12607, March 8, 2011), is revised for the 2012 pollock TACs consistent with this adjustment. 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 tkelley on DSK3SPTVN1PROD with RULES 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 ..................... VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 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 PO 00000 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 Frm 00091 Fmt 4700 n/a 35,588 n/a 154,769 123,816 n/a n/a n/a 30,954 n/a n/a Sfmt 4700 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 2012 A season 1 2012 Allocations A season DFA 1,200,000 120,000 32,400 523,800 419,040 383,422 35,618 2,095 104,760 183,330 314,280 E:\FR\FM\29DER1.SGM n/a 48,000 n/a 209,520 167,616 153,369 14,247 838 41,904 n/a n/a 29DER1 SCA harvest limit 2 n/a 33,600 n/a 146,664 117,331 n/a n/a n/a 29,333 n/a n/a 2012 B season 1 B season DFA n/a 72,000 n/a 314,280 251,424 230,053 21,371 1,257 62,856 n/a n/a 81878 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 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—Continued [All amounts in metric tons] 2011 A season 1 2011 Allocations Area and sector Total Bering Sea DFA ....................................... Aleutian Islands subarea 1 ................................ CDQ DFA ................................................... ICA ............................................................. Aleut Corporation ....................................... Bogoslof District ICA 7 ....................................... A season DFA 1,105,496 4,600 0 1,600 3,000 150 SCA harvest limit 2 442,198 n/a 0 800 3,000 n/a 309,539 n/a n/a n/a n/a n/a 2011 B season 1 B season DFA 663,298 n/a 0 800 0 n/a 2012 A season 1 2012 Allocations A season DFA 1,047,600 19,000 1,900 1,600 15,500 150 419,040 n/a 760 800 15,500 n/a SCA harvest limit 2 293,328 n/a n/a n/a n/a n/a 2012 B season 1 B season DFA 628,560 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. tkelley on DSK3SPTVN1PROD with RULES 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) and § 679.25(c)(1)(ii) 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 require the VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 Bering Sea pollock harvests to be higher than the appropriate allocations for pollock based on the best scientific information available. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 13, 2011, and additional time for prior public comment would result in conservation concerns for the ESA-listed Steller sea lions. 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 PO 00000 Frm 00092 Fmt 4700 Sfmt 9990 prior notice and opportunity for public comment. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until January 13, 2012. This action is required by § 679.22 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 23, 2011. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–33438 Filed 12–28–11; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81876-81878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33438]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA906

Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2012 Bering Sea Pollock Total Allowable Catch Amount

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

ACTION: Temporary rule; inseason adjustment; request for comments.

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

SUMMARY: NMFS is adjusting the 2012 total allowable catch (TAC) amount
for the Bering Sea pollock fishery. This action is necessary because
NMFS has determined this TAC is incorrectly

[[Page 81877]]

specified. This action will ensure the Bering Sea pollock TAC is the
appropriate amount based on the best available scientific information
for pollock in the Bering Sea subarea. This action is 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.), December 29,
2011, until the effective date of the final 2012 and 2013 harvest
specifications for BSAI groundfish, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.
Comments must be received at the following address no later than
4:30 p.m., A.l.t., January 13, 2012.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2011-0301, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2011-0301 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to (907) 586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will 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). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, (907) 586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
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.
The 2012 pollock TAC in the Bering Sea subarea was set at 1,253,658
metric tons (mt) by the final 2011 and 2012 harvest specification for
groundfish in the BSAI (76 FR 11139, March 1, 2011). In December 2011,
the Council recommended a 2012 pollock TAC of 1,200,000 mt for the
Bering Sea subarea. This amount is less than the 1,253,658 mt
established by the final 2011 and 2012 harvest specification for
groundfish in the BSAI (76 FR 11139, March 1, 2011). The TAC
recommended by the Council is based on the Stock Assessment and Fishery
Evaluation report (SAFE), dated November 2011, which NMFS has
determined is the best available scientific information for this
fishery.
Regulations at Sec. 679.20(a)(5)(i)(B) apportion the pollock TAC
allocated to the Bering Sea directed pollock fisheries seasonally to
distribute catch over time because pollock is a principal prey species
for Steller sea lions listed as endangered under the Endangered Species
Act. The first seasonal apportionment can be harvested quickly, and
must reflect the TAC based on the best available scientific information
to provide the opportunity to harvest available TAC in a manner
consistent with the established Steller sea lion protection measures.
In accordance with Sec. 679.25 (a)(1)(iii) and (a)(2)(i)(B), the
Administrator, Alaska Region, NMFS (Regional Administrator), has
determined that, based on the November 2011 SAFE report for this
fishery, the current Bering Sea pollock TAC is incorrectly specified.
Consequently, the Regional Administrator is adjusting the 2012 pollock
TAC to 1,200,000 mt in the Bering Sea subarea.
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), as adjusted by a reallocation of a portion of the 2011
Aleutian Islands subarea (76 FR 12607, March 8, 2011), is revised for
the 2012 pollock TACs consistent with this adjustment.

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 ------------- 2012 ------------
Allocations A season SCA harvest B season Allocations A season SCA harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea.............................. 1,266,400 n/a n/a n/a 1,200,000 n/a n/a n/a
CDQ DFA..................................... 127,100 50,840 35,588 76,260 120,000 48,000 33,600 72,000
ICA \1\..................................... 33,804 n/a n/a n/a 32,400 n/a n/a n/a
AFA Inshore................................. 552,748 221,099 154,769 331,649 523,800 209,520 146,664 314,280
AFA Catcher/Processors \3\.................. 442,198 176,879 123,816 265,319 419,040 167,616 117,331 251,424
Catch by C/Ps........................... 404,612 161,845 n/a 242,767 383,422 153,369 n/a 230,053
Catch by CVs \3\........................ 37,587 15,035 n/a 22,552 35,618 14,247 n/a 21,371
Unlisted C/P Limit \4\.................. 2,211 884 n/a 1,327 2,095 838 n/a 1,257
AFA Motherships............................. 110,550 44,220 30,954 66,330 104,760 41,904 29,333 62,856
Excessive Harvesting Limit \5\.............. 193,462 n/a n/a n/a 183,330 n/a n/a n/a
Excessive Processing Limit \6\.............. 331,649 n/a n/a n/a 314,280 n/a n/a n/a

[[Page 81878]]

Total Bering Sea DFA............................ 1,105,496 442,198 309,539 663,298 1,047,600 419,040 293,328 628,560
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) and Sec. 679.25(c)(1)(ii) 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 require the Bering Sea pollock harvests to
be higher than the appropriate allocations for pollock based on the
best scientific information available. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of December 13, 2011, and
additional time for prior public comment would result in conservation
concerns for the ESA-listed Steller sea lions.
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.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until January 13,
2012.
This action is required by Sec. 679.22 and Sec. 679.25 and is
exempt from review under Executive Order 12866.

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

Dated: December 23, 2011.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2011-33438 Filed 12-28-11; 8:45 am]
BILLING CODE 3510-22-P

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