[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Notices]
[Pages 35659-35661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14275]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH52


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited 
Species Donation Program

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

ACTION: Notice; selection of an authorized distributor.

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SUMMARY: NMFS announces the renewal of permits to SeaShare (formerly 
Northwest Food Strategies) authorizing this organization to distribute 
Pacific salmon and Pacific halibut to economically disadvantaged 
individuals under the prohibited species donation (PSD) program. Salmon 
and halibut are caught incidentally during directed fishing for 
groundfish with trawl gear off Alaska. This action is necessary to 
comply with provisions of the PSD program and is intended to promote 
the goals and objectives of the North Pacific Fishery Management 
Council.

DATES: The permits are effective from August 15, 2008, through August 
15, 2011.

ADDRESSES: Copies of the PSD permits for salmon and halibut may be 
obtained by mail from NMFS, Alaska Region, P. O. Box 21668, Juneau, AK 
99802-1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS, 
Alaska Region, 709 West 9th Street, Room 420A, Juneau, Alaska; or via 
the Internet at the NMFS Alaska Region website at http://www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the Bering Sea and Aleutian Islands management area (BSAI) and 
Gulf of Alaska (GOA) is managed by NMFS in accordance with the Fishery 
Management Plan for groundfish of the BSAI and the Fishery Management 
Plan for groundfish of the GOA (FMPs). These FMPs were prepared by the 
North Pacific Fishery Management Council under the Magnuson-Stevens 
Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. 
Regulations governing the Alaska groundfish fisheries and implementing 
the FMPs appear at 50 CFR parts 600 and 679. Fishing for halibut in 
waters in and off Alaska is governed by the Convention between the 
United States and Canada for the Preservation of the Halibut Fishery of 
the North Pacific Ocean and Bering Sea. The International Pacific 
Halibut Commission (IPHC) promulgates regulations pursuant to the 
Convention. The IPHC's regulations are subject to approval by the 
Secretary of State with concurrence from the Secretary of Commerce 
(Secretary). After approval by the Secretary of State and the 
Secretary, the IPHC regulations are published in the Federal Register 
as annual management measures pursuant to 50 CFR 300.62.
    Amendments 26 and 29 to the BSAI and GOA FMPs, respectively, 
authorize a salmon donation program and were approved by NMFS on July 
10, 1996; a final rule implementing this program was published in the 
Federal Register on July 24, 1996 (61 FR 38358). The salmon donation 
program was expanded to include halibut as part of the PSD program 
under Amendments 50 and 50 to the FMPs that were approved by

[[Page 35660]]

NMFS on May 6, 1998. A final rule implementing Amendments 50 and 50 was 
published in the Federal Register on June 12, 1998 (63 FR 32144). 
Although that final rule contained a sunset provision for the halibut 
PSD program of December 31, 2000, the halibut PSD program was 
permanently extended under a final rule published in the Federal 
Register on December 14, 2000 (65 FR 78119). A full description of, and 
background information on, the PSD program may be found in the 
preambles to the proposed rules for Amendments 26 and 29, and 
Amendments 50 and 50 (May 16, 1996, 61 FR 24750, and March 4, 1998, 63 
FR 10583, respectively).
    Regulations at Sec.  679.26 authorize the voluntary distribution of 
salmon and halibut taken incidentally in the groundfish trawl fisheries 
off Alaska, to economically disadvantaged individuals by tax-exempt 
organizations through an authorized distributor. The Administrator, 
Alaska Region, NMFS (Regional Administrator), may select one or more 
tax-exempt organizations to be authorized distributors, as defined by 
Sec.  679.2, based on the information submitted by applicants under 
Sec.  679.26. After review of qualified applicants, NMFS must announce 
the selection of authorized distributor(s) in the Federal Register and 
issue PSD permits to the selected distributor(s).
    On March 24, 2008, the Acting Regional Administrator received two 
applications from SeaShare to renew both its salmon and halibut PSD 
permits that were issued August 15, 2005 (70 FR 40987, July 15, 2005). 
Revisions to the applications were received on May 6, 2008. The current 
salmon and halibut PSD permits issued to SeaShare authorize SeaShare to 
participate in the PSD program through August 15, 2008.
    The Acting Regional Administrator reviewed the applications and 
determined that they are complete and that SeaShare continues to meet 
the requirements for a PSD program authorized distributor. As required 
by Sec.  679.26(b)(2), the Acting Regional Administrator based his 
selection on the following criteria:
    1. The number and qualifications of applicants for PSD permits. 
Seashare is the only applicant for PSD permits at this time. NMFS has 
previously approved applications submitted by SeaShare. As of the date 
of this notice, no other applications have been approved by NMFS. 
SeaShare has been coordinating the distribution of salmon taken 
incidentally in trawl fisheries since 1993, and of halibut taken 
incidentally in trawl fisheries since 1998, under exempted fishing 
permits from 1993 to 1996, and under the PSD program since 1996. 
SeaShare employs independent seafood quality control experts to ensure 
product quality is maintained by cold storage facilities and common 
carriers servicing the areas where salmon and halibut donations will 
take place.
    2. The number of harvesters and the quantity of fish that 
applicants can effectively administer. For salmon, 3 shoreside 
processors, 17 catcher/processor vessels, and 36 catcher vessels 
currently participate in the PSD program administered by SeaShare. 
Three shoreside processors and 36 catcher vessels participate in the 
halibut donation program. SeaShare has the capacity to receive and 
distribute salmon and halibut from up to 40 processors and the 
associated catcher vessels. Therefore, it is anticipated that SeaShare 
has more than adequate capacity for any foreseeable expansion of 
donations.
    In 2005, 2006, and 2007, SeaShare received 483,359 pounds, 171,628 
pounds, and 87,330 pounds, respectively, of salmon for distribution to 
food bank organizations. During these same years, SeaShare received 
20,960 pounds, 8,757 pounds, and 16,026 pounds, respectively, of 
halibut for distribution to food bank organizations. NMFS does not have 
information to convert accurately the net weights of salmon and halibut 
to numbers of salmon and numbers of halibut.
    3. The anticipated level of salmon and halibut incidental catch 
based on salmon and halibut incidental catch from previous years. The 
incidental catch of salmon and incidental catch mortality of halibut in 
the GOA and BSAI trawl fisheries are shown in the following table:

------------------------------------------------------------------------
      Area Fishery                 2006                    2007
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BSAI Trawl Chinook       85,914 fish              124,260 fish
Incidental Catch
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BSAI Trawl Other Salmon  324,601 fish             90,731 fish
Incidental Catch
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GOA Trawl Chinook        19,158 fish              40,182 fish
Incidental Catch
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GOA Trawl Other Salmon   4,216 fish               3,368 fish
Incidental Catch
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BSAI Trawl Halibut       3,436 mt                 3,356 mt
Mortality
------------------------------------------------------------------------
GOA Trawl Halibut        1,996 mt                 1,944 mt
Mortality
------------------------------------------------------------------------

    Halibut incidental catch amounts are constrained by an annual 
prohibited species catch limit in the BSAI and GOA. Future halibut 
incidental catch levels likely will be similar to those experienced in 
2006 and 2007. Salmon prohibited species incidental catch limits are 
established for the BSAI pollock fisheries that when attained, result 
in the closure of specified fishing grounds for a specified period of 
time. An exemption to these closures is provided to participants in an 
intercooperative agreement to reduce salmon bycatch rates under 
Amendment 84 to the BSAI FMP (72 FR 61070, October 29, 2007). Salmon 
incidental catch limits are not established for the GOA. In general, 
salmon incidental catch amounts tend to be variable between years, 
making accurate prediction of future incidental take amounts difficult.
    4. The potential number of vessels and processors participating in 
the groundfish trawl fisheries. In 2007, 18 shoreside processors, out 
of a total of 112 permitted, processed catch from trawl vessels. Also, 
in 2007, 146 trawl catcher vessels out of 205, 40 trawl catcher/
processors out of 53, and 9 motherships and stationary floating 
processors out of 45 participated in the Alaska groundfish trawl 
fisheries.
    The PSD permits are issued to SeaShare for a 3-year period unless 
suspended or revoked. They may not be transferred; however, they may be 
renewed following the application procedures in Sec.  679.26.
    If the authorized distributor modifies any information on the PSD 
permit application submitted under Sec.  679.26(b)(1)(xi) or 
(b)(1)(xiii), the authorized distributor must submit a modified list of 
participants or a modified list of delivery locations to the Regional 
Administrator.
    These permits may be suspended, modified, or revoked under 15 CFR 
part 904 for noncompliance with terms and conditions specified in the 
permit or for a violation of this section or other regulations in 50 
CFR part 679.

Classification

    This action is taken under Sec.  679.26.

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


[[Page 35661]]


    Dated: June 17, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-14275 Filed 6-23-08; 8:45 am]
BILLING CODE 3510-22-S