[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Rules and Regulations]
[Page 55288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22637]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XY88
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
Statistical Area 620 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 pollock in
Statistical Area 620 in the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the C season allowance of the 2010 total
allowable catch (TAC) of pollock for Statistical Area 620 in the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 7,
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 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 C season allowance of the 2010 TAC of pollock in Statistical
Area 620 of the GOA is 4,878 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(a)(5)(iv)(B) the Administrator, Alaska Region, NMFS (Regional
Administrator), hereby decreases the C season pollock allowance by NNN
mt to reflect the total amount of pollock TAC that has been caught
prior to the C season in Statistical Area 620. Therefore, the revised C
season allowance of the pollock TAC in Statistical Area 620 is NNN mt
(4,878 mt minus NNN mt).
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator has determined that the C season allowance of the 2010
TAC of pollock in Statistical Area 620 of the GOA will soon be reached.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of NNN mt, and is setting aside the remaining 10 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 pollock in
Statistical Area 620 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 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 pollock in Statistical Area 620 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
September 6, 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: September 7, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-22637 Filed 9-7-10; 4:15 pm]
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