[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68713-68715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30839]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XT52


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2010 Gulf of Alaska Pollock and Pacific Cod Total 
Allowable Catch Amounts

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 2010 total allowable catch (TAC) 
amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. 
This action is necessary because NMFS has determined these TACs are 
incorrectly specified, and will ensure the GOA pollock and Pacific cod 
TACs are the appropriate amounts based on the best available scientific 
information for pollock and Pacific cod in the GOA. This action is 
consistent with the goals and objectives of the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP).

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 
2009, until the effective date of the final 2010 and 2011 harvest 
specifications for GOA 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superseded through publication of a notification in the Federal 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, 2010.

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-
XT52, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record. No comments 
will be posted to http://www.regulations.gov for public viewing until 
after the comment period has closed. Comments will generally be posted 
without change. All Personal Identifying Information (for example, 
name, address, etc.) 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). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT:  Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the FMP prepared by the North 
Pacific Fishery Management

[[Page 68714]]

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 final 2009 and 2010 harvest specifications for groundfish in 
the GOA (74 FR 7333, February 17, 2009) set the 2010 pollock TAC at 
74,330 metric tons (mt) and the 2010 Pacific cod TAC at 60,102 mt in 
the GOA. In December 2009, the Council recommended a 2010 pollock TAC 
of 84,745 mt for the GOA, which is more than the 74,330 mt established 
by the final 2009 and 2010 GOA harvest specifications. The Council also 
recommended a 2010 Pacific cod TAC of 59,563 mt for the GOA, which is 
less than the 60,102 mt established by the final 2009 and 2010 harvest 
specifications for groundfish in the GOA. The Council's recommended 
TACs are based on the Stock Assessment and Fishery Evaluation report 
(SAFE), dated November 2009, which NMFS has determined is the best 
available scientific information for these fisheries.
    Steller sea lions occur in the same location as the pollock and 
Pacific cod fisheries and are listed as endangered under the Endangered 
Species Act (ESA). Pollock and Pacific cod are a principal prey species 
for Steller sea lions in the GOA. The seasonal apportionment of pollock 
and Pacific cod 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)(iv) specify how the pollock TAC will be apportioned. The 
regulations at Sec.  679.20(a)(6)(ii) and Sec.  679.20(a)(12)(i) 
specify how the Pacific cod 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 2009 SAFE report for this fishery, the current 
GOA pollock and Pacific cod TACs are incorrectly specified. 
Consequently, pursuant to Sec.  679.25(a)(1)(iii), the Regional 
Administrator is adjusting the 2010 GOA pollock TAC to 84,745 mt and 
the 2010 GOA Pacific cod TAC to 59,563 mt.
    Pursuant to Sec.  679.20(a)(5)(iv), Table 6 of the final 2009 and 
2010 harvest specifications for groundfish in the GOA (74 FR 7333, 
February 17, 2009) is revised for the 2010 pollock TACs in the Western, 
Central, and Eastern GOA consistent with this adjustment.

  Table 6-Final 2010 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska;
      Percentage Seasonal Biomass Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC
                                 (Values are rounded to the nearest metric ton)
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                                    Shumagin            Chirikof
              Season                  (Area               (Area             Kodiak (Area                Total\1\
                                      610)                620)                  630)
----------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10)                     5,551    30.22%     8,414    45.81%         4,403        23.97%    18,368
----------------------------------------------------------------------------------------------------------------
B (Mar 10-May 31)                     5,551    30.22%     9,926    54.04%         2,891        15.74%    18,367
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C (Aug 25-Oct 1)                      7,576    41.25%     4,877    26.55%         5,912        32.19%    18,367
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D (Oct 1-Nov 1)                       7,576    41.25%     4,877    26.55%         5,912        32.19%    18,367
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Annual Total                         26,256   ........   28,095   ........       19,118   ............   73,469
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\1\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
  included in the total pollock TACs shown in this table. Note: As established by Sec.   679.23(d)(2)(i) through
  (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31,
  August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by
  the inshore and offshore components are not shown in this table.

    Pursuant to Sec.  679.20(a)(6)(ii) and Sec.  679.20(a)(12)(i), 
Table 8 of the final 2009 and 2010 harvest specifications for 
groundfish in the GOA (74 FR 7333, February 17, 2009) is revised for 
the 2010 Pacific cod TACs in the Western, Central, and Eastern GOA 
consistent with this adjustment.

[[Page 68715]]



   Table 8-Final 2010 Seasonal Apportionments and Allocation of Pacific cod TAC Amounts in the Gulf of Alaska;
                        Allocations for Processing by the Inshore and Offshore Components
                                 (values are rounded to the nearest metric ton)
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                                                                                    Component allocation
                                                                           -------------------------------------
                  Regulatory area                     Season        TAC                                Offshore
                                                                                  Inshore (90%)          (10%)
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  Western                                              Annual      20,764                    18,688       2,076
                                                     A season      12,458                    11,213       1,246
                                                        (60%)       8,306                     7,475         831
                                                     B season
                                                        (40%)
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  Central                                              Annual      36,782                    33,104       3,678
                                                     A season      22,069                    19,862       2,207
                                                        (60%)      14,713                    13,242       1,471
                                                     B season
                                                        (40%)
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  Eastern                                              Annual       2,017                     1,815         202
                                                        Total      59,563                    53,607       5,956
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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 
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 21, 2009, 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, 
2010.
    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 22, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-30839 Filed 12-28-09; 8:45 am]
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