[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Page 39861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17041]
[[Page 39861]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XX55
Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic
Shelf Rockfish in the Western 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 pelagic shelf
rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA).
This action is necessary to prevent exceeding the 2010 total allowable
catch (TAC) of pelagic shelf rockfish in the Western Regulatory Area of
the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 8, 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 TAC of pelagic shelf rockfish in the Western Regulatory
Area of the GOA is 650 metric tons (mt) as established by the final
2010 and 2011 harvest specifications for groundfish of the GOA (75 FR
11749, March 12, 2010).
In accordance with Sec. 679.20(d)(1)(i) and Sec.
679.20(d)(1)(ii)(B), the Administrator, Alaska Region, NMFS (Regional
Administrator), has determined that the 2010 TAC of pelagic shelf
rockfish in the Western Regulatory Area of the GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 600 mt, and is setting aside the
remaining 50 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 pelagic
shelf rockfish in the Western Regulatory Area of the GOA.
After the effective date of this closure the maximum retainable
amounts at Sec. 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 pelagic shelf rockfish in the Western
Regulatory Area of the GOA. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of July 7, 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: July 8, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-17041 Filed 7-8-10; 4:15 pm]
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