[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Page 38940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16192]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XX17
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland
Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian
Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Greenland turbot in
the Aleutian Islands subarea of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the 2010 Greenland turbot total allowable catch (TAC) in the Aleutian
Islands subarea of the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2010,
through 2400 hrs, A.l.t., December 31, 2010. Applicable beginning June
29, 2010.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY 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 Greenland turbot TAC in the Aleutian Islands subarea of
the BSAI is 1,615 metric tons (mt) as established by the final 2010 and
2011 harvest specifications for groundfish in the BSAI (75 FR 11778,
March 12, 2010).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS, has determined that the 2010 Greenland turbot TAC in the
Aleutian Islands subarea of the BSAI will soon be reached. Therefore,
the Regional Administrator is establishing a directed fishing allowance
of 1,215 mt, and is setting aside the remaining 400 mt as bycatch to
support other anticipated groundfish fisheries. In accordance with
Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this
directed fishing allowance has been reached. Consequently, NMFS is
prohibiting directed fishing for Greenland turbot in the Aleutian
Islands subarea of the BSAI.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
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 closure of Greenland turbot in the Aleutian Islands
subarea of the BSAI. NMFS was unable to publish a notice providing time
for public comment because the most recent, relevant data only became
available as of June 28, 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 prior notice and
opportunity for public comment.
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 29, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-16192 Filed 7-1-10; 4:15 pm]
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