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DOC/NOAA RIN: 0648-AY52 Publication ID: Fall 2010 
Title: Temporary Rule for Emergency Action To Suspend Regional Delivery Requirements for the Western Aleutian Islands Golden King Crab Fishery 
Abstract: The Western Aleutian Islands golden king crab fishery is managed under the Crab Rationalization Program (Program). Existing regulations require that golden king crab harvested with 50 percent of the catcher vessel Class A Individual Fishing Quota (IFQ) issued for this fishery be delivered to a processor located in the West region, which is west of 174 W. longitude. The purpose of this requirement was to support processing facilities in the remote West region. Despite this requirement, processing capacity in the West region has been an issue under this Program. The only shore-based processor in this region is located in the community of Adak and, due to Program restrictions and related issues, it has not been able to process all of the crab required to be delivered in the West region. As a result, harvesters have not been able to harvest all of the available IFQ. In April, the Adak plant closed and in August the plant's owners filed for Chapter 11 bankruptcy. Complicated bankruptcy proceedings effectively ensure that the Adak plant cannot open in the near-term. Without a processing facility, the fishery is disrupted because harvesters have no place to deliver crab in the West region, therefore, they cannot harvest a large portion of their IFQ. The Council determined that this would result in substantial economic harm to fishery participants unable to fully prosecute the fishery. For the reasons above, NMFS takes this action to implement a temporary rule to allow the harvest of the IFQ prior to the closure of the fishery on May 15, 2010. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 679   
Legal Authority: 16 USC 1801 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Emergency Temporary Rule  02/18/2010  75 FR 7205   
Extending Emergency Temporary Rule  08/17/2010  75 FR 50716   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James Balisger
Regional Administrator
Department of Commerce
National Oceanic and Atmospheric Administration
NMFS, P.O. Box 21668,
Juneau, AK 99802
Phone:907 586-7221
Fax:907 586-7249
Email: james.balsiger@noaa.gov