[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81876-81878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33438]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA906


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2012 Bering Sea Pollock 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 2012 total allowable catch (TAC) amount 
for the Bering Sea pollock fishery. This action is necessary because 
NMFS has determined this TAC is incorrectly

[[Page 81877]]

specified. This action will ensure the Bering Sea pollock TAC is the 
appropriate amount based on the best available scientific information 
for pollock in the Bering Sea subarea. This action is 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.), December 29, 
2011, until the effective date of the final 2012 and 2013 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superseded through publication of a notification in the Federal 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 13, 2012.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2011-0301, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter NOAA-NMFS-2011-0301 in the keyword search. 
Locate the document you wish to comment on from the resulting list and 
click on the ``Submit a Comment'' icon on that line.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
     Fax: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Fax comments to (907) 586-7557.
     Hand delivery to the Federal Building: Address written 
comments to Glenn Merrill, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen 
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau, 
AK.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address) submitted voluntarily by the sender 
will 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). Attachments to electronic comments will be 
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, (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 2012 pollock TAC in the Bering Sea subarea was set at 1,253,658 
metric tons (mt) by the final 2011 and 2012 harvest specification for 
groundfish in the BSAI (76 FR 11139, March 1, 2011). In December 2011, 
the Council recommended a 2012 pollock TAC of 1,200,000 mt for the 
Bering Sea subarea. This amount is less than the 1,253,658 mt 
established by the final 2011 and 2012 harvest specification for 
groundfish in the BSAI (76 FR 11139, March 1, 2011). The TAC 
recommended by the Council is based on the Stock Assessment and Fishery 
Evaluation report (SAFE), dated November 2011, which NMFS has 
determined is the best available scientific information for this 
fishery.
    Regulations at Sec.  679.20(a)(5)(i)(B) apportion the pollock TAC 
allocated to the Bering Sea directed pollock fisheries seasonally to 
distribute catch over time because pollock 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) and (a)(2)(i)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that, based on the November 2011 SAFE report for this 
fishery, the current Bering Sea pollock TAC is incorrectly specified. 
Consequently, the Regional Administrator is adjusting the 2012 pollock 
TAC to 1,200,000 mt in the Bering Sea subarea.
    Pursuant to Sec.  679.20(a)(5), Table 3 of the final 2011 and 2012 
harvest specifications for groundfish in the BSAI (76 FR 11139, March 
1, 2011), as adjusted by a reallocation of a portion of the 2011 
Aleutian Islands subarea (76 FR 12607, March 8, 2011), is revised for 
the 2012 pollock TACs consistent with this adjustment.

     Table 3--Final 2011 and 2012 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
                                                              [All amounts in metric tons]
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                                                                   2011 A season \1\        2011 B                     2012 A season \1\        2012 B
                                                              --------------------------  season \1\              --------------------------  season \1\
                 Area and sector                      2011                              -------------     2012                              ------------
                                                  Allocations    A season   SCA harvest    B season   Allocations    A season   SCA harvest    B season
                                                                   DFA       limit \2\       DFA                       DFA       limit \2\       DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea..............................    1,266,400          n/a          n/a          n/a    1,200,000          n/a          n/a          n/a
    CDQ DFA.....................................      127,100       50,840       35,588       76,260      120,000       48,000       33,600       72,000
    ICA \1\.....................................       33,804          n/a          n/a          n/a       32,400          n/a          n/a          n/a
    AFA Inshore.................................      552,748      221,099      154,769      331,649      523,800      209,520      146,664      314,280
    AFA Catcher/Processors \3\..................      442,198      176,879      123,816      265,319      419,040      167,616      117,331      251,424
        Catch by C/Ps...........................      404,612      161,845          n/a      242,767      383,422      153,369          n/a      230,053
        Catch by CVs \3\........................       37,587       15,035          n/a       22,552       35,618       14,247          n/a       21,371
        Unlisted C/P Limit \4\..................        2,211          884          n/a        1,327        2,095          838          n/a        1,257
    AFA Motherships.............................      110,550       44,220       30,954       66,330      104,760       41,904       29,333       62,856
    Excessive Harvesting Limit \5\..............      193,462          n/a          n/a          n/a      183,330          n/a          n/a          n/a
    Excessive Processing Limit \6\..............      331,649          n/a          n/a          n/a      314,280          n/a          n/a          n/a

[[Page 81878]]

 
Total Bering Sea DFA............................    1,105,496      442,198      309,539      663,298    1,047,600      419,040      293,328      628,560
Aleutian Islands subarea \1\....................        4,600          n/a          n/a          n/a       19,000          n/a          n/a          n/a
    CDQ DFA.....................................            0            0          n/a            0        1,900          760          n/a        1,140
    ICA.........................................        1,600          800          n/a          800        1,600          800          n/a          800
    Aleut Corporation...........................        3,000        3,000          n/a            0       15,500       15,500          n/a            0
Bogoslof District ICA \7\.......................          150          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.
\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) and Sec.  679.25(c)(1)(ii) 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 the Bering Sea pollock harvests to 
be higher than the appropriate allocations for pollock 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 13, 2011, 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 13, 
2012.
    This action is required by Sec.  679.22 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: December 23, 2011.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2011-33438 Filed 12-28-11; 8:45 am]
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