[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Rules and Regulations]
[Pages 38-40]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31224]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM47


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2009 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.

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SUMMARY: NMFS is adjusting the 2009 total allowable catch amount (TAC) 
for the Bering Sea pollock fishery. This action is necessary because 
NMFS has determined this TAC is incorrectly specified. This action will 
ensure the Bering Sea pollock TAC does not exceed 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 (FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 
2008, through 2400 hrs, A.l.t., December 31, 2009, unless otherwise 
modified or superceded through publication of a notification in the 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., December 29, 2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 
0648-XM47,'' by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may 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, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (BSAI) according to the 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 2009 pollock TAC in the Bering Sea subarea was set at 1,000,000 
metric tons (mt) by the 2008 and 2009 harvest specification for 
groundfish in the BSAI (73 FR 10160, February 26, 2008).
    In December 2008, the Council recommended a 2009 pollock TAC of 
815,000 mt for the Bering Sea subarea. This amount is less than the 
1,000,000 mt established by the final 2008 and 2009 harvest 
specification for groundfish in the BSAI (73 FR 10160, February 26, 
2008). The TAC recommended by the Council is based on the Stock 
Assessment and Fishery Evaluation report (SAFE), dated November 2008, 
which NMFS has

[[Page 39]]

determined is the best available scientific information for this 
fishery.
    Steller sea lions occur in the same location as the pollock fishery 
and are listed as endangered under the Endangered Species Act (ESA). 
Pollock is a principal prey species for Steller sea lions in the BSAI. 
The seasonal apportionment of pollock harvest is necessary to ensure 
the groundfish fisheries are not likely to cause jeopardy of extinction 
or adverse modification of critical habitat for Steller sea lions. The 
regulations at Sec.  679.20(a)(5)(i)(A) specify how the pollock TAC 
shall be apportioned.
    In accordance with Sec.  679.25(a)(2)(i)(B), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that, 
based on the November 2008 SAFE report for this fishery, the current 
Bering Sea pollock TAC is incorrectly specified. Consequently, the 
Regional Administrator is adjusting the 2009 pollock TAC to 815,000 mt 
in the Bering Sea subarea.
    Pursuant to Sec.  679.20(a)(5), Table 3 of the final 2008 and 2009 
harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) is revised for the 2009 pollock TACs consistent with 
this adjustment.

        TABLE 3--2008 AND 2009 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)\1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      2008  A season\1\          2008  B                            2009  A season\1\         2009  B
                                     2008       ----------------------------    season\1\          2009       ----------------------------   season\1\
       Area and sector            Allocations      A season    SCA harvest  ----------------    Allocations      A season    SCA harvest  --------------
                                                     DFA         limit\2\     B season DFA                         DFA         limit\2\     B season DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea             1,000,000         n/a          n/a            n/a             815,000           n/a          n/a            n/a
 CDQ DFA                       100,000           40,000       28,000         60,000          81,500            32,600       22,820         48,900
 ICA\1\                        31,500            n/a          n/a            n/a             25,673            n/a          n/a            n/a
 AFA Inshore                   434,250           173,700      121,590        260,550         353,914           141,566      99,096         212,348
 AFA Catcher/Processors\3\     347,400           138,960      97,272         208,440         283,131           113,252      79,277         169,879
 Catch by C/Ps                 317,871           127,148      n/a            190,723         259,065           103,626      n/a            155,439
 Catch by CVs\3\               29,529            11,812       n/a            17,717          24,066            9,626        n/a            14,440
 Unlisted C/P Limit\4\         1,737             695          n/a            1,042           1,416             566          n/a            849
 AFA Motherships               86,850            34,740       24,318         52,110          70,783            28,313       19,819         42,470
 Excessive Harvesting          151,988           n/a          n/a            n/a             123,870           n/a          n/a            n/a
 Limit\5\
 Excessive Processing          260,550           n/a          n/a            n/a             212,348           n/a          n/a            n/a
 Limit\6\
Total Bering Sea DFA           868,500           347,400      243,180        521,099         707,829           283,130      198,192        424,697
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands subarea\1\    19,000            n/a          n/a            n/a             19,000            n/a          n/a            n/a
 CDQ DFA                       1,900             760          n/a            1,140           1,900             760          n/a            1,140
 ICA                           1,600             800          n/a            800             1,600             800          n/a            800
 Aleut Corporation             15,500            15,500       n/a            0               15,500            15,500       n/a            0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bogoslof District ICA\7\       10                n/a          n/a            n/a             10                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 (3.5 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 allow for harvests that exceed 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 19, 
2007, 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

[[Page 40]]

comments on this action to the above address until January 13, 2008.
    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 24, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-31224 Filed 12-29-08; 4:15 pm]
BILLING CODE 3510-22-S