[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Rules and Regulations]
[Pages 51185-51186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XY29


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Rock Sole in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of the 2010 
rock sole total allowable catch (TAC) specified for the Bering Sea and 
Aleutian Islands incidental catch allowance ICA to the Amendment 80 
cooperative in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to allow the 2010 total allowable 
catch of rock sole to be fully harvested.

DATES: Effective August 16, 2010, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 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-
XY29, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal 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 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. Comment 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: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 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 2010 rock sole TAC specified for the Bering Sea and Aleutian 
Islands ICA is 10,000 metric tons (mt) and the 2010 rock sole TAC 
specified for the Amendment 80 cooperative is 52,863 mt as established 
by the final 2010 and 2011 harvest specifications for groundfish in the 
BSAI (75 FR 11778, March 12, 2010).
    The Administrator, Alaska Region, NMFS, has determined that 6,000 
mt of the rock sole specified for the BSAI ICA will not be harvested. 
Therefore, in accordance with Sec.  679.91(f), NMFS reallocates 6,000 
mt of rock sole from the BSAI ICA to the Amendment 80 cooperative in 
the BSAI. In accordance with Sec.  679.91(f), NMFS will reissue 
cooperative quota permits for the reallocated rock sole following the 
procedures set forth in Sec.  679.91(f)(3).
    The harvest specifications for rock sole included in the harvest 
specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010) 
are revised as follows: 4,000 mt to the BSAI ICA and 58,863 mt to the 
Amendment 80 cooperative in the BSAI. Table 7a is correctly revised and 
republished in its entirety as follows:

[[Page 51186]]



 Table 7a--Final 2010 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), And Amendment
  80 Allocations of The Aleutian Islands Pacific Ocean Perch, And BSAI Flathead Sole, Rock Sole, And Yellowfin
                                                    Sole Tacs
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
              Sector                         Pacific ocean perch             Flathead    Rock sole    Yellowfin
--------------------------------------------------------------------------     sole    -------------     sole
                                      Eastern      Central      Western   -------------             ------------
                                      Aleutian     Aleutian     Aleutian                    BSAI
                                      district     district     district       BSAI                      BSAI
----------------------------------------------------------------------------------------------------------------
TAC...............................        4,220        4,270        6,540       60,000       90,000      219,000
CDQ...............................          452          457          700        6,420        9,630       23,433
ICA...............................          100           50           50        5,000        4,000        2,000
BSAI trawl limited access.........          367          376          116            0            0       42,369
Amendment 80......................        3,302        3,387        5,674       48,580       76,370      151,198
Amendment 80 limited access.......        1,751        1,796        3,009        5,708       17,507       60,465
Amendment 80 cooperatives.........        1,551        1,591        2,666       42,872       58,863       90,733
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    This will enhance the socioeconomic well-being of harvesters 
dependent upon rock sole in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) The 
current catch of rock sole by the BSAI trawl limited access sector and, 
(2) the harvest capacity and stated intent on future harvesting 
patterns of the Amendment 80 cooperative that participates in this BSAI 
fishery.

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 delay the reallocation of rock sole from the BSAI trawl limited 
access sector to the Amendment 80 cooperative in the BSAI. Since the 
fishery is currently open, it is important to immediately inform the 
industry as to the revised allocations. Immediate notification is 
necessary to allow for the orderly conduct and efficient operation of 
this fishery, to allow the industry to plan for the fishing season, and 
to avoid potential disruption to the fishing fleet as well as 
processors. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of August 13, 2010.
    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.
    This action is required by Sec.  679.91 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 16, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-20607 Filed 8-16-10; 4:15 pm]
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