[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Rules and Regulations]
[Pages 55689-55690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22868]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XY99


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Yellowfin 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.

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

SUMMARY: NMFS is reallocating the projected unused amount of the 2010 
yellowfin sole total allowable catch (TAC) assigned to the Bering Sea 
and Aleutian Islands trawl limited access sector 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 yellowfin sole to be fully harvested.

DATES: Effective September 9, 2010, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2010.

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 yellowfin sole TAC assigned to the Bering Sea and Aleutian 
Islands trawl limited access sector is 42,369 metric tons (mt) and to 
the Amendment 80 cooperative is 90,733 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 20,000 
mt of the yellowfin sole TAC assigned to the BSAI trawl limited access 
sector will not be harvested. Therefore, in accordance with Sec.  
679.91(f), NMFS reallocates 20,000 mt of yellowfin sole from the BSAI 
trawl limited access sector to the Amendment 80 cooperative in the 
BSAI. In accordance with Sec.  679.91(f), NMFS will reissue cooperative 
quota permits for the reallocated yellowfin sole following the 
procedures set forth in Sec.  679.91(f)(3).
    The harvest specifications for yellowfin sole included in the 
harvest specifications for groundfish in the BSAI (75 FR 11778, March 
12, 2010) are revised as follows: 22,369 mt to the BSAI trawl limited 
access sector and 110,733 mt to the Amendment 80 cooperative in the 
BSAI. Table 7a is correctly revised and republished in its entirety as 
follows:

 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]
----------------------------------------------------------------------------------------------------------------
                                             Pacific ocean perch             Flathead    Rock  sole   Yellowfin
                                   ---------------------------------------     sole    -------------     sole
              Sector                  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       10,000        2,000
BSAI trawl limited access.........          367          376          116            0            0       22,369
Amendment 80......................        3,302        3,387        5,674       48,580       70,370      171,198
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       52,863      110,733
----------------------------------------------------------------------------------------------------------------

    This will enhance the socioeconomic well-being of harvesters 
dependent upon yellowfin sole in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) The 
current catch of yellowfin 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 yellowfin 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 September 8, 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

[[Page 55690]]

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: September 9, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-22868 Filed 9-9-10; 4:15 pm]
BILLING CODE 3510-22-P