2010-22868. Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area
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Start Preamble
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Temporary rule; reallocation.
SUMMARY:
NMFS is reallocating the projected unused amount of the 2010 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 2010 total allowable catch of yellowfin sole to be fully harvested.
DATES:
Effective September 9, 2010, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2010.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907-586-7269.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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 yellowfin sole TAC assigned to the Bering Sea and Aleutian Islands trawl limited access sector is 42,369 metric tons (mt) and to the Amendment 80 cooperative is 90,733 mt 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 20,000 mt of the yellowfin sole TAC assigned to the BSAI trawl limited access sector will not be harvested. Therefore, in accordance with § 679.91(f), NMFS reallocates 20,000 mt of yellowfin sole from the BSAI trawl limited access sector to the Amendment 80 cooperative in the BSAI. In accordance with § 679.91(f), NMFS will reissue cooperative quota permits for the reallocated yellowfin sole following the procedures set forth in § 679.91(f)(3).
The harvest specifications for yellowfin sole included in the harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010) are revised as follows: 22,369 mt to the BSAI trawl limited access sector and 110,733 mt to the Amendment 80 cooperative in the BSAI. Table 7a is correctly revised and republished in its entirety as follows:
Table 7a—Final 2010 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]
Sector Pacific ocean perch Flathead sole Rock sole Yellowfin sole Eastern Aleutian District Central Aleutian District Western Aleutian District BSAI BSAI BSAI TAC 4,220 4,270 6,540 60,000 90,000 219,000 CDQ 452 457 700 6,420 9,630 23,433 ICA 100 50 50 5,000 10,000 2,000 BSAI trawl limited access 367 376 116 0 0 22,369 Amendment 80 3,302 3,387 5,674 48,580 70,370 171,198 Amendment 80 limited access 1,751 1,796 3,009 5,708 17,507 60,465 Amendment 80 cooperatives 1,551 1,591 2,666 42,872 52,863 110,733 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 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 Start Printed Page 55690prior notice and opportunity for public comment.
This action is required by § 679.91 and is exempt from review under Executive Order 12866.
Start SignatureDated: September 9, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2010-22868 Filed 9-9-10; 4:15 pm]
BILLING CODE 3510-22-P
Document Information
- Comments Received:
- 0 Comments
- Effective Date:
- 9/9/2010
- Published:
- 09/14/2010
- Department:
- National Oceanic and Atmospheric Administration
- Entry Type:
- Rule
- Action:
- Temporary rule; reallocation.
- Document Number:
- 2010-22868
- Dates:
- Effective September 9, 2010, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2010.
- Pages:
- 55689-55690 (2 pages)
- Docket Numbers:
- Docket No. 0910131363-0087-02
- RINs:
- 0648-XY99
- PDF File:
- 2010-22868.pdf
- CFR: (1)
- 50 CFR 679