[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Rules and Regulations]
[Pages 6083-6084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2417]



[[Page 6083]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XA151


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pollock in the Bering Sea and Aleutian Islands

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

ACTION: Temporary rule.

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SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut 
Corporation's pollock directed fishing allowance and the Community 
Development Quota from the Aleutian Islands subarea to the Bering Sea 
subarea directed fisheries. These actions are necessary to provide 
opportunity for harvest of the 2011 total allowable catch of pollock, 
consistent with the goals and 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.), February 3, 
2011, until the effective date of the final 2011 and 2012 harvest 
specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, 
unless otherwise modified or superseded through publication of a 
notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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.
    In the Aleutian Islands subarea, the portion of the 2011 pollock 
total allowable catch (TAC) allocated to the Aleut Corporation's 
directed fishing allowance (DFA) is 15,500 metric tons (mt) and the 
Community Development Quota (CDQ) is 1,900 mt as established by the 
final 2010 and 2011 harvest specifications for groundfish in the BSAI 
(75 FR 11778, March 12, 2010), as adjusted by two inseason adjustments 
(75 FR 54792, September 9, 2010 and 76 FR 466, January 5, 2011).
    As of January 28, 2011, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 12,500 mt of Aleut 
Corporation's DFA and 1,900 mt of pollock CDQ in the Aleutian Islands 
subarea will not be harvested. Therefore, in accordance with Sec.  
679.20(a)(5)(iii)(B)(4), NMFS proportionally reallocates 12,500 mt of 
Aleut Corporation's DFA and 1,900 mt of pollock CDQ from the Aleutian 
Islands subarea to the 2011 Bering Sea subarea allocations. The 1,900 
mt of pollock CDQ is added to the 2011 Bering Sea CDQ DFA. The 
remaining 12,500 mt of pollock is apportioned to the AFA Inshore sector 
(50 percent), AFA catcher/processor sector (40 percent), and the AFA 
mothership sector (10 percent). The 2011 pollock incidental catch 
allowance remains at 33,804 mt. As a result, the harvest specifications 
for pollock in the Aleutian Islands subarea included in the final 
harvest 2010 and 2011 specifications for groundfish in the BSAI (75 FR 
11778, March 12, 2010) are revised as follows: 3,000 mt to Aleut 
Corporation's DFA and 0 mt to CDQ pollock. Furthermore, pursuant to 
Sec.  679.20(a)(5), Table 3 of the final 2010 and 2011 harvest 
specifications for groundfish in the BSAI (75 FR 11778, March 12, 
2010), as adjusted by two inseason adjustments (75 FR 54792, September 
9, 2010 and 76 FR 466, January 5, 2011), is revised to make 2011 
pollock allocations consistent with this reallocation. This 
reallocation results in proportional adjustments to the 2011 Aleut 
Corporation and CDQ pollock allocations established at Sec.  
679.20(a)(5).

     Table 3--Final 2010 and 2011 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            2010  A season \1\         2010  B                      2011  A season \1\         2011  B
                                              2010     ----------------------------  season \1\       2011     ----------------------------  season \1\
             Area and sector               Allocations                 SCA harvest --------------  Allocations                 SCA harvest -------------
                                                        A season DFA    limit \2\   B season DFA                A season DFA    limit \2\   B season DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea......................       813,000           n/a           n/a           n/a     1,266,400           n/a           n/a           n/a
    CDQ DFA.............................        81,300        32,520        22,764        48,780       127,100        50,840        35,588        76,260
    ICA \1\.............................        24,768           n/a           n/a           n/a        33,804           n/a           n/a           n/a
    AFA Inshore.........................       353,466       140,486        98,340       212,980       552,748       221,099       154,769       331,649
    AFA Catcher/Processors \3\..........       282,773       112,389        78,672       170,384       442,198       176,879       123,816       265,319
        Catch by C/Ps...................       258,737       102,836           n/a       155,901       404,612       161,845           n/a       242,767
        Catch by CVs \3\................        24,036         9,553           n/a        14,483        37,587        15,035           n/a        22,552
            Unlisted C/P Limit \4\......         1,414           562           n/a           852         2,211           884           n/a         1,327
    AFA Motherships.....................        70,693        28,097        19,668        42,596       110,550        44,220        30,954        66,330
        Excessive Harvesting Limit \5\..       123,714           n/a           n/a           n/a       193,462           n/a           n/a           n/a
        Excessive Processing Limit \6\..       212,080           n/a           n/a           n/a       331,649           n/a           n/a           n/a
Total Bering Sea non-CDQ DFA............       706,932       280,973       196,681       425,959     1,105,496       442,198       309,539       663,298
Aleutian Islands subarea \1\............        19,000           n/a           n/a           n/a         4,600           n/a           n/a           n/a
    CDQ DFA.............................         1,900           760           n/a         1,140             0             0           n/a             0
    ICA.................................         1,600           800           n/a           800         1,600           800           n/a           800
    Aleut Corporation...................        15,500        15,500           n/a             0         3,000         3,000           n/a             0
Bogoslof District ICA \7\...............            50           n/a           n/a           n/a           150           n/a           n/a           n/a
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\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 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.

[[Page 6084]]

 
\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 delay the reallocation of AI pollock. Since the pollock fishery 
is currently open, it is important to immediately inform the industry 
as to the final Bering Sea subarea pollock allocations. Immediate 
notification is necessary to allow for the orderly conduct and 
efficient operation of this fishery; allow the industry to plan for the 
fishing season and avoid potential disruption to the fishing fleet as 
well as processors; and provide opportunity to harvest increased 
seasonal pollock allocations while value is optimum. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of January 28, 2011.
    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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: January 31, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-2417 Filed 2-2-11; 8:45 am]
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