[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Pages 38937-38938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16470]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XX34
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels
Participating in the Entry Level Rockfish Fishery in the Central
Regulatory Area of the Gulf of Alaska
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 northern rockfish
and pelagic shelf rockfish (PSR) for trawl catcher vessels
participating in the entry level rockfish fishery in the Central
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary
to prevent exceeding the 2010 allocation of northern rockfish and PSR
allocated to trawl catcher vessels participating in the entry level
rockfish fishery in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2010,
through 1200 hrs, A.l.t., September 1, 2010.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (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 allocations of northern rockfish and PSR for vessels
participating in the entry level trawl fishery in the Central
Regulatory Area of the GOA are 0 metric tons as established by the
final 2010 and 2011 harvest specifications for groundfish in the GOA
(75 FR 11749, March 12, 2010).
Consequently, in accordance with Sec. 679.83(a)(3), the
Administrator, Alaska Region, NMFS, deems it appropriate for
conservation and management purposes to not open directed fishing for
northern rockfish and PSR for trawl catcher vessels participating in
the entry level
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rockfish fishery in the Central Regulatory Area of the GOA, because
there is no available allocation for directed fishing.
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. Notice and comment is unnecessary
because there is no available fish for an allocation and therefore the
Regional Administrator has no discretion for any action other than to
prohibit directed fishing.
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 Sec. 679.83 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 1, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-16470 Filed 7-1-10; 4:15 pm]
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