[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40336-40338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17203]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA434


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited 
Species Donation Program

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

ACTION: Notice; selection of an authorized distributor.

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SUMMARY: NMFS announces the renewal of permits to SeaShare authorizing 
this organization to distribute Pacific salmon and Pacific halibut to 
economically disadvantaged individuals under the prohibited species 
donation (PSD) program. Salmon and halibut are caught incidentally 
during directed fishing for groundfish with trawl gear off Alaska. This 
action is necessary to comply with

[[Page 40337]]

provisions of the PSD program and is intended to promote the goals and 
objectives of the North Pacific Fishery Management Council.

DATES: The permits are effective from July 8, 2011 through July 8, 
2014.

ADDRESSES: Electronic copies of the PSD permits for salmon and halibut 
prepared for this action may be obtained from the Alaska Region Web 
site at http://www.alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the Bering Sea and Aleutian Islands management area (BSAI) and 
Gulf of Alaska (GOA) is managed by NMFS in accordance with the Fishery 
Management Plan for Groundfish of the BSAI and the Fishery Management 
Plan for Groundfish of the GOA (FMPs). These FMPs were prepared by the 
North Pacific Fishery Management Council under the Magnuson-Stevens 
Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. 
Regulations governing the Alaska groundfish fisheries and implementing 
the FMPs appear at 50 CFR parts 600 and 679. Fishing for halibut in 
waters in and off Alaska is governed by the Convention between the 
United States and Canada for the Preservation of the Halibut Fishery of 
the North Pacific Ocean and Bering Sea (Convention). The International 
Pacific Halibut Commission (IPHC) promulgates regulations pursuant to 
the Convention. The IPHC's regulations are subject to approval by the 
Secretary of State with concurrence from the Secretary of Commerce. 
After approval by the Secretary of State and the Secretary of Commerce, 
the IPHC regulations are published in the Federal Register as annual 
management measures pursuant to 50 CFR 300.62.
    Amendments 26 and 29 to the BSAI and GOA FMPs, respectively, 
authorize a salmon donation program and were approved by NMFS on July 
10, 1996; a final rule implementing this program was published in the 
Federal Register on July 24, 1996 (61 FR 38358). The salmon donation 
program was expanded to include halibut as part of the PSD program 
under Amendments 50 and 50 to the FMPs that were approved by NMFS on 
May 6, 1998. A final rule implementing Amendments 50 and 50 was 
published in the Federal Register on June 12, 1998 (63 FR 32144). 
Although that final rule contained a sunset provision for the halibut 
PSD program of December 31, 2000, the halibut PSD program was 
permanently extended under a final rule published in the Federal 
Register on December 14, 2000 (65 FR 78119). A full description of, and 
background information on, the PSD program may be found in the 
preambles to the proposed rules for Amendments 26 and 29, and 
Amendments 50 and 50 (61 FR 24750, May 16, 1996, and 63 FR 10583, March 
4, 1998, respectively).
    Regulations at Sec.  679.26 authorize the voluntary distribution of 
salmon and halibut taken incidentally in the groundfish trawl fisheries 
off Alaska to economically disadvantaged individuals by tax-exempt 
organizations through an authorized distributor. The Administrator, 
Alaska Region, NMFS (Regional Administrator), may select one or more 
tax-exempt organizations to be authorized distributors, as defined by 
Sec.  679.2, based on the information submitted by applicants under 
Sec.  679.26. After review of qualified applicants, NMFS must announce 
the selection each authorized distributor in the Federal Register and 
issue one or more PSD permits to each selected distributor.
    Currently, SeaShare, a tax-exempt organization, is the sole 
authorized distributor of salmon and halibut taken incidentally in the 
groundfish trawl fisheries off Alaska. The salmon and halibut PSD 
permits became effective August 15, 2008 and authorize SeaShare to 
participate in the PSD program through August 15, 2011 (73 FR 35659, 
June 24, 2008).
    On May 9, 2011, the Regional Administrator received two 
applications from SeaShare to renew its salmon and halibut PSD permits. 
Revisions to the applications were received on May 10, 2011. The 
Regional Administrator reviewed the applications and determined that 
they are complete and that SeaShare continues to meet the requirements 
for an authorized distributor under the PSD program. As required by 
Sec.  679.26(b)(2), the Regional Administrator based his selection on 
the following criteria:
    1. The number and qualifications of applicants for PSD permits. 
Seashare is the only applicant for PSD permits at this time. NMFS has 
previously approved applications submitted by SeaShare. As of the date 
of this notice, no other applications have been approved by NMFS. 
SeaShare has been coordinating the distribution of salmon taken 
incidentally in trawl fisheries since 1993, and of halibut taken 
incidentally in trawl fisheries since 1998, under exempted fishing 
permits from 1993 to 1996, and under the PSD program since 1996. 
SeaShare employs independent seafood quality control experts to ensure 
product quality is maintained by cold storage facilities and common 
carriers servicing the areas where salmon and halibut donations will 
take place.
    2. The number of harvesters and the quantity of fish that 
applicants can effectively administer. Five shoreside processors and 87 
catcher vessels delivering to shoreside processors, 17 catcher/
processors, and two motherships and 11 catcher vessels delivering to 
motherships currently participate in the salmon donation program 
administered by SeaShare. Five shoreside processors and 87 catcher 
vessels participate in the halibut donation program administered by 
SeaShare. SeaShare has the capacity to receive and distribute salmon 
and halibut from up to 40 processors and the associated catcher 
vessels. Therefore, it is anticipated that SeaShare has more than 
adequate capacity for any foreseeable expansion of donations.
    In 2008, 2009, and 2010, SeaShare recovered and donated 72,237 
pounds, 59,233 pounds, and 52,262 pounds, respectively, of steaked 
salmon to food bank organizations. During these same years, SeaShare 
recovered and donated 17,716 pounds, 23,911 pounds, and 10,360 pounds, 
respectively, of steaked halibut to food bank organizations. The 
donations came from the BSAI trawl fisheries. NMFS does not have 
information to convert accurately the net weights of salmon and halibut 
to numbers of salmon and numbers of halibut.
    3. The anticipated level of salmon and halibut incidental catch 
based on salmon and halibut incidental catch from previous years. The 
incidental catch of salmon and incidental catch mortality of halibut in 
the GOA and BSAI trawl fisheries are shown in the following table:

------------------------------------------------------------------------
        Area fishery                  2009                  2010
------------------------------------------------------------------------
BSAI Trawl Chinook Salmon     12,415 fish.........  9,734 fish.
 Incidental Catch.
BSAI Trawl Other Salmon       47,497 fish.........  14,965 fish.
 Incidental Catch.
GOA Trawl Chinook Salmon      7,898 fish..........  54,178 fish.
 Incidental Catch.

[[Page 40338]]

 
GOA Trawl Other Salmon        2,355 fish..........  1,857 fish.
 Incidental Catch.
BSAI Trawl Halibut Mortality  2,802 mt............  2,736 mt.
GOA Trawl Halibut Mortality.  1,818 mt............  1,637 mt.
------------------------------------------------------------------------
mt = metric tons.

    Halibut incidental catch amounts are constrained by an annual 
prohibited species catch limit in the BSAI and GOA. Future halibut 
incidental catch levels likely will be similar to those experienced in 
2009 and 2010. Chinook salmon prohibited species catch (PSC) limits are 
established for the BS pollock fisheries that when attained, result in 
the closure of pollock fishing. The Chinook salmon PSC limits for the 
Bering Sea pollock fishery were established by Amendment 91 to the FMP 
for Groundfish of the BSAI FMP (75 FR 53026, August 30, 2010). Salmon 
incidental catch limits are not yet established for the GOA. In 
general, salmon incidental catch amounts tend to be variable between 
years, making accurate prediction of future incidental take amounts 
difficult.
    4. Number of vessels and processors participating in the PSD 
program. For the 2011 permit renewal, participation in the PSD program 
is being expanded beyond the BSAI to include GOA processors and 
vessels. Shoreside processors will increase from 5 to 15, and vessels 
delivering to shoreside processors will increase from 87 vessels to 
166, with 31 of the 166 vessels participating in both the BSAI and GOA. 
Catcher processors participating in the PSD program for salmon will 
drop slightly from 17 to 16 under the 2011 permit renewal. Catcher 
vessels delivering to motherships will remain at 11 vessels.
    NMFS issues PSD permits to SeaShare for a 3-year period unless the 
permits are suspended or revoked under Sec.  679.26. The permits may 
not be transferred; however, they may be renewed following the 
application procedures in Sec.  679.26.
    If the authorized distributor modifies the list of participants in 
the PSD program or delivery locations, the authorized distributor must 
submit a modified list of participants or a modified list of delivery 
locations to the Regional Administrator.
    These permits may be suspended, modified, or revoked under 15 CFR 
part 904 for violation of Sec.  679.26 or other regulations in 50 CFR 
part 679.

Classification

    This action is taken under Sec.  679.26.

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447.

    Dated: July 1, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-17203 Filed 7-7-11; 8:45 am]
BILLING CODE 3510-22-P