Fisheries of Exclusive Economic Zone Off Alaska:
Federal Register: September 16, 2010 (Volume 75, Number 179)
Rules and Regulations
Page 56483-56484
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr16se10-6
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 0910131363-0087-02
RIN 0648-XZ08
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Crab and Halibut Prohibited Species Catch Allowances 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.
SUMMARY: NMFS is reallocating the projected unused amounts of the 2010 crab and halibut prohibited species catch (PSC) allowances 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 Amendment 80 cooperative to fully harvest their 2010 groundfish allocations.
DATES: Effective September 13, 2010, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2010.
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 2010 halibut PSC assigned to the Bering Sea and Aleutian
Islands trawl limited access sector is 875 metric tons (mt) and to the
Amendment 80 cooperative is 1,754 mt in the BSAI as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI
(75 FR 11778, March 12, 2010).
The Administrator, Alaska Region, NMFS, has determined that 358 mt of the halibut PSC assigned to the BSAI trawl limited access sector will not be needed to support BSAI trawl limited access fisheries.
Therefore, in accordance with Sec. 679.91(f)(4), NMFS is reallocating 340 mt of halibut PSC assigned to the BSAI trawl limited access sector to the Amendment 80 cooperative in the BSAI.
The Administrator, Alaska Region, NMFS, has also determined that 290,000 crabs of Zone 1 C. bairdi tanner crab PSC, 880,000 crabs of
Zone 2 C. bairdi tanner crab PSC, and 48,000 crabs of Zone 1 red king crab PSC assigned to the BSAI trawl limited access sector will not be needed to support BSAI trawl limited access fisheries. Therefore, in accordance with Sec. 679.91(f)(5), NMFS is reallocating these crab PSC amounts assigned to BSAI trawl limited access sector to the Amendment 80 cooperative in the BSAI.
In accordance with Sec. 679.91(f)(1), NMFS will reissue cooperative quota permits for the reallocated crab and halibut PSC following the procedures set forth in Sec. 679.91(f)(4) and Sec. 679.91(f)(5).
The harvest specifications for crab and halibut PSC included in the final harvest specifications for crab and halibut PSC in the BSAI (75
FR 11778, March 12, 2010) are revised as follows in Tables 8a, 8c, and 8d:
Table 8a--Final 2010 and 2011 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI Trawl
Limited Access Sectors
Non-trawl
Amendment 80 sector
PSC
Trawl PSC
CDQ PSQ ------------------------ BSAI trawl
PSC species
Total non- remaining
Total
remaining reserve
limited trawl PSC after CDQ trawl PSC after CDQ
\1\
2010
2011
access
PSQ \1\
PSQ \1\
fishery
Halibut mortality (mt) BSAI.............................
900
832
3,675
3,349
393
2,765
2,375
517
Herring (mt) BSAI.......................................
n/a
n/a
1,974
n/a
n/a
n/a
n/a
n/a
Red king crab (animals) Zone 1 \1\......................
n/a
n/a
197,000
175,921
21,079
146,920
93,432
5,797
-
opilio (animals) COBLZ \2\...........................
n/a
n/a 4,350,000 3,884,550
465,450 2,148,156 2,028,512 1,248,494
-
bairdi crab (animals) Zone 1 \2\.....................
n/a
n/a
830,000
741,190
88,810
641,176
331,608
58,285
-
bairdi crab (animals) Zone 2.........................
n/a
n/a 2,520,000 2,250,360
269,640 1,479,271
565,966
173,394
\1\ Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and Sec. 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt, of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\2\ Refer to Sec. 679.2 for definitions of zones.
Table 8c--Final 2010 and 2011 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector and Non-Trawl Fisheries
Prohibited species and area \1\
BSAI trawl limited access fisheries
Red king crab
-
opilio
-
bairdi (animals)
Halibut mortality (animals) Zone
(animals) -------------------------------
(mt) BSAI
1
COBLZ
Zone 1
Zone 2
Yellowfin sole....................................................
47
4,000
1,176,494
27,285
160,304
Rock sole/flathead sole/other flatfish \2\........................
0
0
0
0
0
Turbot/arrowtooth/sablefish \3\...................................
0
0
0
0
0
Rockfish April 15-December 31.....................................
5
0
2,000
0
848
Pacific cod.......................................................
275
1,700
50,000
20,000
8,000
Page 56484
Pollock/Atka mackerel/other species...............................
190
97
20,000
1,000
4,242
Total BSAI trawl limited access PSC...............................
517
5,797
1,248,494
58,285
173,394
Non-trawl fisheries
Catcher
Catcher processor
vessel
Pacific cod-Total.................................................
760
15
January 1-June 10.................................................
314
10
June 10-August 15.................................................
0
3
August 15-December 31.............................................
446
2
Other non-trawl-Total.............................................
58
May 1-December 31.................................................
58
Groundfish pot and jig............................................
Exempt
Sablefish hook-and-line...........................................
Exempt
Total non-trawl PSC...............................................
833
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
TABLE 8d--Final 2010 Prohibited Species Bycatch Allowance for the BSAI Amendment 80 Cooperatives
Prohibited species and zones\1\
Year
Halibut
Red king crab
-
opilio
-
bairdi (animals) mortality
(animals)
(animals) -------------------------------
(mt) BSAI
Zone 1
COBLZ
Zone 1
Zone 2
2010............................
2,094
118,237
1,461,309
547,715
1,320,277
\1\ Refer to Sec. 679.2 for definitions of zones.
This will enhance the socioeconomic well-being of harvesters of groundfish dependent upon these PSC amounts. The Regional Administrator considered the following factors in reaching this decision: (1) the current catch and stated future harvesting intent of BSAI trawl limited access sector fisheries and, (2) the harvest capacity and stated intent on future harvesting patterns of the Amendment 80 cooperative that participates in this BSAI fishery. The Regional Administrator also has determined that this action will create no threats of exceeding TACs for any species or species group.
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 crab and halibut PSC from the BSAI trawl limited access sector to the Amendment 80 cooperative in the
BSAI. Since the fisheries are 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 these fisheries, 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 8, 2010.
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: September 13, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
FR Doc. 2010-23166 Filed 9-13-10; 4:15 pm
BILLING CODE 3510-22-P
