[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63204-63205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA757


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.

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SUMMARY: NMFS is reallocating the projected unused amount of the 2011 
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 2011 total allowable 
catch of yellowfin sole to be fully harvested.

DATES: Effective October 6, 2011, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2011.

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 2011 yellowfin sole TAC assigned to the Bering Sea and Aleutian 
Islands trawl limited access sector is 34,153 metric tons (mt) and to 
the Amendment 80 cooperative is 138,875 mt as established by the final 
2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 
11139, March 1, 2011).
    The Administrator, Alaska Region, NMFS, has determined that 2,000 
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 2,000 mt of yellowfin sole from the BSAI 
trawl limited access sector to the Amendment 80 cooperatives in the 
BSAI. In accordance

[[Page 63205]]

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 (76 FR 11139, March 
1, 2011) are revised as follows: 32,153 mt to the BSAI trawl limited 
access sector and 140,875 mt to the Amendment 80 cooperatives in the 
BSAI. Table 7a is correctly revised and republished in its entirety as 
follows:

 Table 7a--Final 2011 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 sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
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TAC.....................................................           5,660           4,960           8,370          41,548          85,000         196,000
CDQ.....................................................             606             531             896           4,446           9,095          20,972
ICA.....................................................             100              75              10           5,000           5,000           2,000
BSAI trawl limited access...............................             495             435             149               0               0          32,153
Amendment 80............................................           4,459           3,919           7,315          32,102          70,905         140,875
Alaska Groundfish Cooperative...........................           2,364           2,078           3,879           6,269          19,902          59,798
Alaska Seafood Cooperative..............................           2,095           1,841           3,436          25,833          51,003          81,077
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.

    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 29, 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.  679.91 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-26304 Filed 10-6-11; 4:15 pm]
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