[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Rules and Regulations]
[Pages 53873-53874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21984]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XY70
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch for Vessels Participating in the Rockfish Entry Level
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 Pacific ocean perch
for vessels participating in the rockfish entry level 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
Pacific ocean perch allocated to vessels participating in the rockfish
entry level fishery in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 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 TAC of Pacific ocean perch allocated to vessels
participating in the entry level rockfish fishery in the
[[Page 53874]]
Central Regulatory Area of the GOA is 512 metric tons as established by
the final 2010 and 2011 harvest specifications for groundfish in the
GOA (75 FR 11749, March 12, 2010). Section 679.83(a)(2) allows trawl or
longline gear vessels participating in the entry level rockfish fishery
to harvest any unused Pacific ocean perch after 1200 hrs, A.l.t.,
September 1, 2010.
As of September 1, 2010, 94 mt remains in the combined entry level
longline and entry level trawl allocations of Pacific ocean perch. In
accordance with Sec. 679.83(a)(3), the Administrator, Alaska Region,
NMFS (Regional Administrator), has determined that the remaining 2010
TAC of Pacific ocean perch allocated to vessels participating in the
entry level longline rockfish and entry level trawl fisheries in the
Central Regulatory Area of the GOA is insufficient to support directed
fishing. Consequently, NMFS is prohibiting directed fishing for Pacific
ocean perch for longline and trawl vessels participating in the
rockfish entry level fishery in the Central Regulatory Area of the GOA.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) and Sec. 679.81(h)(5) 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 for vessels
participating in the rockfish entry level fishery in the Central
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 August 27, 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: August 30, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-21984 Filed 8-30-10; 4:15 pm]
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