[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Pages 38938-38939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16480]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XX31
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Catcher/Processors in 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 species that
comprise the shallow-water species fishery for catcher/processors
subject to sideboard limits established under the Central Gulf of
Alaska (GOA) Rockfish Program in the GOA. This action is necessary
because the 2010 Pacific halibut prohibited species catch (PSC)
sideboard limit specified for the shallow-water species fishery for
catcher/processors subject to sideboard limits established under the
Central GOA Rockfish Program in the GOA is insufficient to support
directed fishing for the shallow-water species fisheries.
[[Page 38939]]
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2010,
through 1200 hrs, A.l.t., July 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. processors in accordance with the FMP appear at subpart
H of 50 CFR part 600 and 50 CFR part 679.
The 2010 Pacific halibut PSC sideboard limit specified for the
shallow-water species fishery for catcher/processors subject to
sideboard limits established under the Central GOA Rockfish Program in
the GOA is 11 metric tons, for the period 1200 hrs, A.l.t., July 1,
2010, through 1200 hrs, A.l.t., July 31, 2010, as established by Sec.
679.82(d), the final 2010 and 2011 harvest specifications for
groundfish of the GOA (75 FR 11749, March 12, 2010), and as posted as
the Catcher/Processor Sideboards at http://www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
In accordance with Sec. 679.82(d)(9)(i)(B), the Administrator,
Alaska Region, NMFS, has determined that the 2010 Pacific halibut PSC
sideboard limit specified for the shallow-water species fishery for
catcher/processors subject to sideboard limits established under the
Central GOA Rockfish Program in the GOA is insufficient to support
directed fishing for the shallow-water species fisheries. Consequently,
in accordance with Sec. 679.82(d)(9)(ii)(A), NMFS is prohibiting
directed fishing for species that comprise the shallow-water species
fishery for catcher/processors subject to sideboard limits established
under the Central GOA Rockfish Program in the GOA. The species and
species groups that comprise the shallow-water species fishery for the
sideboard limit are shallow-water flatfish and flathead sole.
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 insufficient halibut PSC sideboard limit to support a
directed fishery 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. 2010-16480 Filed 7-1-10; 4:15 pm]
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