[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]
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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.
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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modified or superceded through publication of a notification in the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]
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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
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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
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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
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Bogoslof District ICA\7\ 10 n/a n/a n/a 10 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 (3.5 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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