[Federal Register Volume 75, Number 172 (Tuesday, September 7, 2010)]
[Rules and Regulations]
[Pages 54290-54291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22205]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XY78
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear 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 by vessels using trawl gear
in the Gulf of Alaska (GOA). This action is necessary because the
fourth seasonal apportionment of the Pacific halibut bycatch allowance
specified for the shallow-water species fishery in the GOA has been
reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 3,
2010, through 1200 hrs, A.l.t., October 1, 2010.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
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
[[Page 54291]]
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 fourth seasonal apportionment of the Pacific halibut bycatch
allowance specified for the shallow-water species fishery in the GOA is
150 metric tons as established by the final 2010 and 2011 harvest
specifications for groundfish of the GOA (75 FR 11749, March 12, 2010),
for the period 1200 hrs, A.l.t., September 1, 2010, through 1200 hrs,
A.l.t., October 1, 2010.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS, has determined that the fourth seasonal apportionment of
the Pacific halibut bycatch allowance specified for the trawl shallow-
water species fishery in the GOA has been reached. Consequently, NMFS
is prohibiting directed fishing for the shallow-water species fishery
by vessels using trawl gear in the GOA. The species and species groups
that comprise the shallow-water species fishery are pollock, Pacific
cod, shallow-water flatfish, flathead sole, Atka mackerel, skates, and
``other species.'' This prohibition does not apply to fishing for
pollock by vessels using pelagic trawl gear in those portions of the
GOA open to directed fishing for pollock. This inseason action does not
apply to vessels fishing under a cooperative quota permit in the
cooperative fishery in the Rockfish Program for the Central 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 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 the shallow-water species fishery by vessels
using trawl gear in 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 31, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 1, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-22205 Filed 9-1-10; 8:45 am]
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