[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Page 38938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16476]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XX36
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish for Catcher
Vessels Participating in the Limited Access 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,
Pacific ocean perch, and pelagic shelf rockfish for catcher vessels
participating in the limited access rockfish fishery in the Central
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary
to prevent exceeding the 2010 total allowable catch (TAC) of northern
rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to
catcher vessels participating in the limited access rockfish fishery in
the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2010,
through 2400 hrs, A.l.t., December 31, 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 rockfish TACs allocated as directed fishing allowances to
catcher vessels participating in the limited access rockfish fishery in
the Central Regulatory Area of the GOA are: 0 metric tons (mt) for
Pacific ocean perch, 3 mt for northern rockfish, and 0 mt for pelagic
shelf rockfish as established by the final 2010 and 2011 harvest
specifications for groundfish of the GOA (75 FR 11749, March 12, 2010),
and as posted as the 2010 Rockfish Program Allocations at http://www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
Consequently, in accordance with Sec. 679.82(b)(6), the
Administrator, Alaska Region, NMFS, deems it appropriate to not open
directed fishing for northern rockfish, Pacific ocean perch, and
pelagic shelf rockfish for catcher vessels participating in the limited
access rockfish fishery in the Central Regulatory Area of the GOA
because there are insufficient allocations to support 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 are insufficient allocations to support directed fishing
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. 679.82 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. 2010-16476 Filed 7-1-10; 4:15 pm]
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