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72 FR 8 pgs. 1463-1466 - Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2007 Aleutian Islands Atka Mackerel Total Allowable Catch Amounts

Type: RULEVolume: 72Number: 8Pages: 1463 - 1466
Docket number: [Docket No. 060216045-6045-01; I.D. 010807B]
FR document: [FR Doc. 07-107 Filed 1-9-07; 2:49 pm]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version:  PDF Version

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 010807B]

Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2007 Aleutian Islands Atka Mackerel Total Allowable Catch Amounts

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 annual total allowable catch amount (TAC) for the Central and Western Aleutian District Atka mackerel fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified. This action will ensure the A and B season harvests of Central and Western Aleutian District Atka mackerel do not exceed the appropriate amount based on the best available scientific information for Atka mackerel in the Aleutian Islands 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Alaska local time (A.l.t.), January 12, 2007, through 2400 hrs, A.l.t., April 15, 2007, unless otherwise modified or superceded through publication of a notification in the Federal Register .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., January 29, 2007.

ADDRESSES:

Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. Comments may be submitted by:

• Mail to: P.O. Box 21668, Juneau, AK 99802;

• Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska;

• FAX to 907-586-7557;

• E-mail to AIATKAMACK-TAC07@noaa.gov and include the subject line of the e-mail comment the document identifier: AIATKAMACK-TAC07 (E-mail comments, with or without attachments, are limited to 5 megabytes); or

• Webform at the Federal eRulemaking Portal: http/www.regulations.gov . Follow the instructions at that site for submitting comments.

FOR FURTHER INFORMATION CONTACT:

Josh Keaton, 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 2007 TAC of Atka mackerel in the Central Aleutian District of the BSAI is 38,000 metric tons (mt) as established by the 2006 and 2007 harvest specification for groundfish in the BSAI (71 FR 19894, March 3, 2006). In accordance with § 679.20(a)(8)(ii), the 2007 A and B season allowances of Atka mackerel in the Central Aleutian District of the BSAI are each 17,575 mt, and the 2007 A and B season Harvest Limit Area (HLA) limits of Atka mackerel in the Central Aleutian District of the BSAI are each 10,545 mt.

The 2007 TAC of Atka mackerel in the Western Aleutian District of the BSAI is 17,500 mt as established by the 2006 and 2007 harvest specification for groundfish in the BSAI (71 FR 19894, March 3, 2006). In accordance with § 679.20(a)(8)(ii), the 2007 A and B season allowances of Atka mackerel in the Western Aleutian District of the BSAI are each 8,750 mt, and the 2007 A and B season Harvest Limit Area (HLA) limits of Atka mackerel in the Western Aleutian District of the BSAI are each 5,250 mt.

In December 2006, the Council recommended a 2007 Atka mackerel TAC of 29,600 mt for the Central Aleutian District and 9,600 mt for the Western Aleutian District. These amounts are less than the TACs as established by the 2006 and 2007 harvest specification for groundfish in the BSAI (71 FR 19894, March 3, 2006). The TACs recommended by the Council are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2006, which NMFS has determined is the best available scientific information for this fishery.

Steller sea lions occur in the same location as the Aleutian Islands Atka mackerel fishery and are listed as endangered under the Endangered Species Act (ESA). Atka mackerel is a principal prey species for Steller sea lions in the Aleutian Islands subarea. The seasonal apportionment of Atka mackerel 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 § 679.20(a)(ii)(8)(A) require the Atka mackerel TAC specified for each subarea or district of the BSAI to be divided equally, after subtraction of the jig gear allocation and reserves, into two seasonal allowances corresponding to the A and B seasons defined at § 679.23(e)(3).

In accordance with § 679.25(a)(2)(i)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2006 SAFE report for this fishery, the current Central and Western Aleutian District Atka mackerel TACs are incorrectly specified. Consequently, the Regional Administrator is adjusting the 2007 Atka mackerel TAC to 29,600 mt in the Central Aleutian District and 9,600 mt in the Western Aleutian District of the BSAI. In accordance with § 679.20(a)(8)(ii) the 2007 A and B season apportionments for Atka mackerel after deducting the CDQ reserve are each adjusted to 13,690 mt in the Central Aleutian District and 4,440 mt in the Western Aleutian District of the BSAI. Consequently, the 2007 A and B season HLA limits are each adjusted to 8,214 mt for the Central Aleutian District and 2,664 mt for the Western Aleutian District of the BSAI.

Pursuant to § 679.20(a)(8), Tables 4, 12, and 14 of the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) are revised for the 2007 Atka mackerel TACs consistent with this adjustment.

Subarea and component 2006 TAC 2006 CDQ reserve 2006 CDQ reserve HLA limit4 2006 ITAC 2006 Seasonal allowances2 A season3 Total HLA limit4 B season3 Total HLA limit4
Western AI District 15,500 1,163 698 14,338 7,169 4,301 7,169 4,301
Central AI District 40,000 3,000 1,800 37,000 18,500 11,100 18,500 11,100
EAI/BS subarea5 7,500 563 n/a 6,938 n/a n/a n/a n/a
Jig (1%)6 n/a n/a n/a 69 n/a n/a n/a n/a
Other gear (99%) n/a n/a n/a 6,868 3,434 n/a 3,434 n/a
Total 63,000 n/a n/a n/a 29,103 n/a 29,103 n/a
Western AI District 9,600 720 432 8,880 4,440 2,664 4,440 2,664
Central AI District 29,600 2,220 1,332 27,380 13,690 8,214 13,690 8,214
EAI/BS subarea5 7,500 563 n/a 6,938 n/a n/a n/a n/a
Jig (1%)6 n/a n/a n/a 69 n/a n/a n/a n/a
Other gear (99%) n/a n/a n/a 6,868 3,434 n/a 3,434 n/a
Total 46,700 n/a n/a n/a 21,564 10,878 21,564 10,878
1 Regulations at §§ 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
2 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
3 The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1.
4 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In 2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
5 Eastern Aleutian District and the Bering Sea subarea.
6 Regulations at § 679.20 (a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to jig gear. The amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season.

Target species Area 1995 - 1997 Retained catch Total catch Ratio of retained catch to total catch 2006 ITAC available to trawl C/Ps 2006 C/P sideboard limit 2007 ITAC available to trawl C/Ps 2007 C/P sideboard limit
Pacific cod trawl BSAI 12,424 48,177 0.258 42,171 10,880 32,171 8,300
Sablefish trawl BS 8 497 0.016 1,199 19 1,148 18
AI 0 145 0.000 638 0 582 0
Atka mackerel Central AI n/a n/a n/a n/a n/a n/a n/a
A season1 n/a n/a 0.115 18,500 2,128 13,690 1,574
HLA limit2 n/a n/a n/a 11,100 1,277 8,214 945
B season1 n/a n/a 0.115 18,500 2,128 13,690 1,574
HLA limit2 n/a n/a n/a 11,100 1,277 8,214 945
Western AI n/a n/a n/a n/a n/a n/a n/a
A season1 n/a n/a 0.200 7,169 1,434 4,440 888
HLA limit2 n/a n/a n/a 4,301 860 2,664 533
B season1 n/a n/a 0.200 7,169 1,434 4,440 888
HLA limit2 n/a n/a n/a 4,301 860 2,664 533
Yellowfin sole BSAI 100,192 435,788 0.230 81,346 18,710 91,495 21,044
Rock sole BSAI 6,317 169,362 0.037 35,275 1,305 37,400 1,384
Greenland turbot BS 121 17,305 0.007 1,607 11 1,543 11
AI 23 4,987 0.005 723 4 693 3
Arrowtooth flounder BSAI 76 33,987 0.002 11,050 22 15,300 31
Flathead sole BSAI 1,925 52,755 0.036 16,575 597 18,700 673
Alaska plaice BSAI 14 9,438 0.001 6,800 7 12,750 13
Other flatfish BSAI 3,058 52,298 0.058 2,975 173 4,250 247
Pacific ocean perch BS 12 4,879 0.002 1,190 2 2,516 5
Eastern AI 125 6,179 0.020 2,849 57 3,012 60
Central AI 3 5,698 0.001 2,808 3 2,971 3
Western AI 54 13,598 0.004 4,703 19 4,969 20
Northern rockfish BSAI 91 13,040 0.007 4,163 29 4,625 32
Shortraker rockfish BSAI 50 2,811 0.018 537 10 537 10
Rougheye rockfish BSAI 50 2,811 0.018 207 4 207 4
Other rockfish BS 18 621 0.029 426 12 750 22
AI 22 806 0.027 502 14 502 14
Squid BSAI 73 3,328 0.022 1,084 24 1,084 24
Other species BSAI 553 68,672 0.008 24,650 197 22,950 184
1 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
2 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In 2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.

Species Fishery by area/season/ processor/gear Ratio of 1995-1997 AFA CV catch to 1995 1997 TAC 2006 initial TAC 2006 Catcher vessel sideboard limits 2007 initial TAC 2007 Catcher vessel sideboard limits
Pacific cod BSAI n/a n/a n/a n/a n/a
Jig gear 0.0000 3,589 0 2,738 0
Hook-and-line CV n/a n/a n/a n/a n/a
Jan 1 - Jun 10 0.0006 164 0 125 0
Jun 10 - Dec 31 0.0006 109 0 83 0
Pot gear CV n/a n/a n/a n/a n/a
Jan 1 - Jun 10 0.0006 8,192 5 6,239 4
Sept 10 - Dec 31 0.0006 5,461 3 4,159 2
CV 60 feet LOA using hook-and-line or pot gear 0.0006 1,274 1 970 1
Trawl gear CV n/a n/a n/a n/a n/a
Jan 20 - Apr 1 0.8609 29,520 25,414 22,520 19,387
Apr 1 - Jun 10 0.8609 4,217 3,630 3,217 2,770
Jun 10 - Nov 1 0.8609 8,434 7,261 6,434 5,539
Sablefish BS trawl gear 0.0906 1,199 109 1,148 104
AI trawl gear 0.0645 638 41 582 38
Atka mackerel Eastern AI/BS n/a n/a n/a n/a n/a
Jig gear 0.0031 69 0 69 0
Other gear n/a n/a n/a n/a n/a
Jan 1 - Apr 15 0.0032 3,434 11 3,434 11
Sept 1 - Nov 1 0.0032 3,434 11 3,434 11
Central AI n/a n/a n/a n/a n/a
Jan - Apr 15 0.0001 18,500 2 13,690 1
HLA limit 0.0001 11,100 1 8,214 1
Sept 1 - Nov 1 0.0001 18,500 2 13,690 1
HLA limit 0.0001 11,100 1 8,214 1
Western AI n/a n/a n/a n/a n/a
Jan - Apr 15 0.0000 7,169 0 4,440 0
HLA limit n/a 4,301 0 2,664 0
Sept 1 - Nov 1 0.0000 7,169 0 4,440 0
HLA limit n/a 4,301 0 2,664 0
Yellowfin sole BSAI 0.0647 81,346 5,263 91,495 5,920
Rock sole BSAI 0.0341 35,275 1,203 37,400 1,275
Greenland Turbot BS 0.0645 1,607 104 1,543 100
AI 0.0205 723 15 693 14
Arrowtooth flounder BSAI 0.0690 11,050 762 15,300 1,056
Alaska plaice BSAI 0.0441 6,800 300 12,750 562
Other flatfish BSAI 0.0441 2,975 131 4,250 187
Pacific ocean perch BS 0.1000 1,190 119 2,516 252
Eastern AI 0.0077 2,849 22 3,012 23
Central AI 0.0025 2,808 7 2,971 7
Western AI 0.0000 4,703 0 4,969 0
Northern rockfish BSAI 0.0084 4,163 35 4,625 39
Shortraker rockfish BSAI 0.0037 537 2 537 2
Rougheye rockfish BSAI 0.0037 207 1 207 1
Other rockfish BS 0.0048 426 2 750 4
AI 0.0095 502 5 502 5
Squid BSAI 0.3827 1,084 415 1,084 415
Other species BSAI 0.0541 24,650 1,334 22,950 1,242
Flathead Sole BS trawl gear 0.0505 16,575 837 18,700 944

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 679.25(c)(2) 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 A and B season apportionments for Atka mackerel based on the best scientific information available. The Atka mackerel fishery is harvested rapidly and completely in the early part of the A season. 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, 2006, 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 § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until January 29, 2007.

This action is required by § 679.22 and is exempt from review under Executive Order 12866.

Authority:

16 U.S.C. 1801 et seq.

Dated: January 8, 2007.

James P. Burgess,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 07-107 Filed 1-9-07; 2:49 pm]

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