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DOC/NOAA

RIN: 0648-BA29

Publication ID: Spring 2011

Title: ●Emergency Rule To Suspend Some Regulatory Requirements of the Groundfish Retention Standard Program in the Bering Sea and Aleutian Islands Management Area
Abstract: Through this emergency rule, NMFS is suspending the groundfish retention standard (GRS) program in the Bering Sea and Aleutian Island management area for trawl catcher/processor vessels (C/Ps) that are not listed in the American Fisheries Act (AFA) as catcher/processors at 50 CFR 679.4(l)(2)(i), referred to throughout this rule as non-AFA trawl C/Ps. The GRS program was implemented to increase the retention and utilization of groundfish caught by the non-AFA trawl C/Ps and respond to bycatch reduction goals described in National Standard 9. An emergency exists because the regulatory stipulations used to monitor and enforce the 85 percent GRS established for 2011 require a level of retention much higher than that intended by the North Pacific Fishery Management Council, could undermine fishing cooperative formation activities because some vessels are unable to meet this retention standard, and could require other vessels to operate in a manner that is economical unviable or stop fishing altogether. Further, the enforcement costs of the GRS program have escalated with application of the GRS to fishing cooperative(s) and undermine effective enforcement and prosecution of non-compliance. This emergency rule is necessary to suspend the regulatory provisions of the GRS program and allow non AFA trawl C/Ps to maintain ongoing incentives to minimize groundfish discard through cooperative agreements. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutians Islands Area, and other applicable law.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: First time 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 Rule	12/15/2010	75 FR 78172
Emergency Rule Comment Period End	01/14/2011
Final Action	03/21/2011	76 FR 17789
Final Action Effective	05/02/2011

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 Balsiger Regional Administrator, Alaska Region Department of Commerce National Oceanic and Atmospheric Administration 709 West Ninth Street, Juneau, AK 99801 Phone:907 586-7221 Email: jim.balsiger@noaa.gov