[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43090-43091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18114]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XX77
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Western Yakutat District 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 Pacific ocean perch
by catcher/processors participating in the limited access or opt-out
fisheries that are subject to sideboard limits established under the
Central Gulf of Alaska (GOA) Rockfish Program in the Western Yakutat
district of the GOA. This action is necessary to prevent exceeding the
2010 sideboard limit of Pacific ocean perch established for catcher/
processors participating in the limited access or opt-out fisheries in
the Western Yakutat district of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 20, 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
[[Page 43091]]
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 Pacific ocean perch sideboard limit established for
catcher/processors participating in the limited access or opt-out
fisheries that are subject to sideboard limits in the Central GOA
Rockfish Program in the Western Yakutat district is 1,099 metric tons
(mt). The sideboard limit is 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 Catcher/Processor
Sideboards at http://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
In accordance with Sec. 679.82(d)(7)(i)(A), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2010 Pacific ocean perch sideboard limit established for catcher
processors participating in the limited access or opt-out fisheries in
the Western Yakutat district will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
999 mt, and is setting aside the remaining 100 mt as bycatch to support
other anticipated groundfish fisheries. In accordance with Sec.
679.82(d)(7)(ii), the Regional Administrator finds that this directed
fishing allowance has been reached. Consequently, NMFS is prohibiting
directed fishing for the Pacific ocean perch sideboard limit
established for catcher/processors participating in the limited access
or opt-out fisheries in the Western Yakutat district of the Gulf of
Alaska.
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. 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 Pacific ocean perch sideboard limit for
catcher/processors participating in the limited access or opt-out
fisheries in the Western Yakutat district. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of July 19, 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. 679.82 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 20, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-18114 Filed 7-20-10; 4:15 pm]
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