Fisheries of the Exclusive Economic Zone Off Alaska: Inseason Adjustment to the 2009 Bering Sea Pollock Total Allowable Catch Amount

Federal Register: January 2, 2009 (Volume 74, Number 1)

Rules and Regulations

Page 38-40

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr02ja09-9

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 071106673-8011-02

RIN 0648-XM47

Fisheries of the Exclusive Economic Zone Off Alaska; Inseason

Adjustment to the 2009 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.

SUMMARY: NMFS is adjusting the 2009 total allowable catch amount (TAC) for the Bering Sea pollock fishery. This action is necessary because

NMFS has determined this TAC is incorrectly specified. This action will ensure the Bering Sea pollock TAC does not exceed 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 (FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 2008, through 2400 hrs, A.l.t., December 31, 2009, unless otherwise modified or superceded through publication of a notification in the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., December 29, 2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,

Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 0648-XM47,'' by any one of the following methods:

Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http:// www.regulations.gov.

Mail: P. O. Box 21668, Juneau, AK 99802.

Fax: (907) 586-7557.

Hand delivery to the Federal Building: 709 West 9\th\

Street, Room 420A, Juneau, AK.

All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All

Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may 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, Excel, WordPerfect, or

Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

Bering Sea and Aleutian Islands (BSAI) according to the 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 2009 pollock TAC in the Bering Sea subarea was set at 1,000,000 metric tons (mt) by the 2008 and 2009 harvest specification for groundfish in the BSAI (73 FR 10160, February 26, 2008).

In December 2008, the Council recommended a 2009 pollock TAC of 815,000 mt for the Bering Sea subarea. This amount is less than the 1,000,000 mt established by the final 2008 and 2009 harvest specification for groundfish in the BSAI (73 FR 10160, February 26, 2008). The TAC recommended by the Council is based on the Stock

Assessment and Fishery Evaluation report (SAFE), dated November 2008, which NMFS has

Page 39

determined is the best available scientific information for this fishery.

Steller sea lions occur in the same location as the pollock fishery and are listed as endangered under the Endangered Species Act (ESA).

Pollock is a principal prey species for Steller sea lions in the BSAI.

The seasonal apportionment of pollock harvest is necessary to ensure the groundfish fisheries are not likely to cause jeopardy of extinction or adverse modification of critical habitat for Steller sea lions. The regulations at Sec. 679.20(a)(5)(i)(A) specify how the pollock TAC shall be apportioned.

In accordance with Sec. 679.25(a)(2)(i)(B), the Administrator,

Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2008 SAFE report for this fishery, the current

Bering Sea pollock TAC is incorrectly specified. Consequently, the

Regional Administrator is adjusting the 2009 pollock TAC to 815,000 mt in the Bering Sea subarea.

Pursuant to Sec. 679.20(a)(5), Table 3 of the final 2008 and 2009 harvest specifications for groundfish in the BSAI (73 FR 10160,

February 26, 2008) is revised for the 2009 pollock TACs consistent with this adjustment.

TABLE 3--2008 AND 2009 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)\1\

Amounts are in metric tons

2008 A season\1\

2008 B

2009 A season\1\

2009 B 2008

---------------------------- season\1\

2009

---------------------------- season\1\

Area and sector

Allocations

A season

SCA harvest ----------------

Allocations

A season

SCA harvest --------------

DFA

limit\2\

B season DFA

DFA

limit\2\

B season DFA

Bering Sea subarea

1,000,000

n/a

n/a

n/a

815,000

n/a

n/a

n/a

CDQ DFA

100,000

40,000

28,000

60,000

81,500

32,600

22,820

48,900

ICA\1\

31,500

n/a

n/a

n/a

25,673

n/a

n/a

n/a

AFA Inshore

434,250

173,700

121,590

260,550

353,914

141,566

99,096

212,348

AFA Catcher/Processors\3\

347,400

138,960

97,272

208,440

283,131

113,252

79,277

169,879

Catch by C/Ps

317,871

127,148

n/a

190,723

259,065

103,626

n/a

155,439

Catch by CVs\3\

29,529

11,812

n/a

17,717

24,066

9,626

n/a

14,440

Unlisted C/P Limit\4\

1,737

695

n/a

1,042

1,416

566

n/a

849

AFA Motherships

86,850

34,740

24,318

52,110

70,783

28,313

19,819

42,470

Excessive Harvesting

151,988

n/a

n/a

n/a

123,870

n/a

n/a

n/a

Limit\5\

Excessive Processing

260,550

n/a

n/a

n/a

212,348

n/a

n/a

n/a

Limit\6\

Total Bering Sea DFA

868,500

347,400

243,180

521,099

707,829

283,130

198,192

424,697

Aleutian Islands subarea\1\ 19,000

n/a

n/a

n/a

19,000

n/a

n/a

n/a

CDQ DFA

1,900

760

n/a

1,140

1,900

760

n/a

1,140

ICA

1,600

800

n/a

800

1,600

800

n/a

800

Aleut Corporation

15,500

15,500

n/a

0

15,500

15,500

n/a

0

Bogoslof District ICA\7\

10

n/a

n/a

n/a

10

n/a

n/a

n/a

\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 (3.5 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) 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 allow for harvests that exceed 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 19, 2007, 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

Page 40

comments on this action to the above address until January 13, 2008.

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 24, 2008.

Alan D. Risenhoover,

Director, Office of Sustainable Fisheries, National Marine Fisheries

Service.

FR Doc. E8-31224 Filed 12-29-08; 4:15 pm

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