[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39861-39862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17043]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679 [Docket No. 0910131362-0087-02]
RIN 0648-XX53
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
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 northern 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
northern 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 northern rockfish in the Western Regulatory Area of
the GOA is 2,703 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), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2010 TAC
of northern rockfish in the Western Regulatory Area of the GOA will
soon be reached. Therefore, the Regional Administrator is establishing
a directed fishing allowance of 2,603 mt, and is setting aside the
remaining 100 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
northern rockfish in the Western Regulatory Area of the GOA.
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
[[Page 39862]]
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 northern 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.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-17043 Filed 7-8-10; 4:15 pm]
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