[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Rules and Regulations]
[Pages 1539-1541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-393]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XA129


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2011 Bering Sea and Aleutian Islands Atka Mackerel 
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 2011 total allowable catch (TAC) amount 
for the Bering Sea and Aleutian Island management area (BSAI) Atka 
mackerel fishery. This action is necessary because NMFS has determined 
this TAC is incorrectly specified. This action will ensure the BSAI 
Atka mackerel TAC is the appropriate amount, based on the best 
available scientific information for Atka mackerel in the BSAI. This 
action is consistent with the goals and

[[Page 1540]]

objectives of the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 11, 
2011, until the effective date of the final 2011 and 2012 harvest 
specifications for BSAI 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superseded through publication of a notification in the Federal 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 26, 2011.

ADDRESSES: Send comments to James W. Balsiger, Administrator, Alaska 
Region, NMFS, Attn: Ellen Sebastian. You may submit comments, 
identified by RIN 0648-XA129, 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. 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, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 
(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 2011 Atka mackerel TAC in the BSAI was set at 20,900 metric 
tons (mt) in the Eastern Aleutian District and the Bering Sea subarea, 
26,000 mt in the Central Aleutian District, and 18,100 mt in the 
Western Aleutian District by the final 2010 and 2011 harvest 
specification for groundfish in the BSAI (75 FR 11778, March 12, 2010).
    In December 2010, the Council recommended a 2011 Atka mackerel TACs 
of 40,300 metric tons (mt) in the Eastern Aleutian District and the 
Bering Sea subarea, 12,800 mt in the Central Aleutian District, and 
1,500 mt in the Western Aleutian District. These amounts are more in 
the Eastern Aleutian District and Bering Sea subarea, and less in the 
Central Aleutian District and Western Aleutian District than 
established by the final 2010 and 2011 harvest specification for 
groundfish in the BSAI (75 FR 11778, March 12, 2010). The TACs 
recommended by the Council are based on the Stock Assessment and 
Fishery Evaluation report (SAFE), dated November 2010, which NMFS has 
determined is the best available scientific information for this 
fishery.
    Regulations at Sec.  679.20(a)(8)(ii)(A) apportion the Atka 
mackerel TAC allocated to the BSAI Atka mackerel trawl fisheries 
seasonally to distribute catch over time because Atka mackerel is a 
principal prey species for Steller sea lions listed as endangered under 
the Endangered Species Act. The first seasonal apportionment can be 
harvested quickly, and must reflect the TAC based on the best available 
scientific information to provide the opportunity to harvest available 
TAC in a manner consistent with the established Steller sea lion 
protection measures.
    In accordance with Sec.  679.25(a)(1)(iii) & (a)(2)(i)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that, based on the November 2010 SAFE report for this 
fishery, the current BSAI Atka mackerel TAC is incorrectly specified. 
Consequently, the Regional Administrator is adjusting the 2011 Atka 
mackerel TACs to 40,300 mt in the Eastern Aleutian District and Bering 
Sea subarea, 11,280 mt in the Central Aleutian District, and 1,500 mt 
in the Western Aleutian District.
    Pursuant to Sec.  679.20(a)(8), Table 4 of the final 2010 and 2011 
harvest specifications for groundfish in the BSAI (75 FR 11778, March 
12, 2010) is revised for the 2011 Atka mackerel TAC consistent with 
this adjustment. Table 4 includes the Steller sea lion protection 
measures effective January 1, 2011 (75 FR 77535, December 13, 2010), to 
insure that the BSAI groundfish fisheries off Alaska are not likely to 
jeopardize the continued existence of the western distinct population 
segment of Steller sea lions or adversely modify its designated 
critical habitat.

 Table 4--Final 2011 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                             Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
                                          [Amounts are in metric tons]
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                                                                                  2011 allocation by area
                                                                          --------------------------------------
                                                                             Eastern      Central
                Sector \1\                        Season \2\ \3\ \4\         Aleutian     Aleutian     Western
                                                                            District/     District     Aleutian
                                                                            Bering Sea      \5\        District
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TAC.......................................  n/a..........................       40,300       11,280        1,500
CDQ reserve...............................  Total........................        4,312        1,207          161
                                            A............................        2,156          603           80
                                            Critical habitat \5\.........          n/a           60          n/a
                                            B............................        2,156          603           80
                                            Critical habitat \5\.........          n/a           60          n/a
ICA.......................................  Total........................           75           75           40
Jig \6\...................................  Total........................          180            0            0
BSAI trawl limited access.................  Total........................        2,859          800            0
                                            A............................        1,429          400            0
                                            B............................        1,429          400            0

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Amendment 80 sectors......................  Total........................       32,875        9,198        1,300
                                            A............................       16,437        4,599          650
                                            B............................       16,437        4,599          650
Alaska Groundfish Cooperative.............  Total........................       19,181        5,389          755
                                            A............................        9,591        2,695          377
                                            Critical habitat \5\.........          n/a          269          n/a
                                            B............................        9,591        2,695          377
                                            Critical habitat \5\.........          n/a          269          n/a
Alaska Seafood Cooperative................  Total........................       13,694        3,809          545
                                            A............................        6,847        1,904          272
                                            Critical habitat \5\.........          n/a          190          n/a
                                            B............................        6,847        1,904          272
                                            Critical habitat \5\.........          n/a          190          n/a
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\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear
  allocation, and ICAs to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679
  and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.  Sec.
  679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10 and the B season from June 10 to November 1.
\5\ Section 679.20(a)(8)(ii)(C) requires the TAC in area 542 shall be no more than 47% of ABC, and Amendment 80
  cooperatives and CDQ groups are allowed limited to no more than 10% of an allocation may be harvested within
  waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described on Table 12 to this part.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea
  subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this
  allocation is 0.5 percent. The jig gear allocation is not apportioned by season.

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 require harvests other than the appropriate allocations for Atka 
mackerel, 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 25, 
2010, 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 26, 2011.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: January 6, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. 2011-393 Filed 1-10-11; 8:45 am]
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