[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Rules and Regulations]
[Pages 55288-55289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22640]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XY87
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; modification of closure.
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SUMMARY: NMFS is opening directed fishing for northern rockfish in the
Bering Sea and Aleutian Islands Management Area (BSAI). This action is
necessary to fully use the 2010 total allowable catch (TAC) of northern
rockfish in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 7,
2010, through 1200 hrs, A.l.t., December 31, 2010. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
September 27, 2010.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
XY87, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to http://www.regulations.gov without change. All
Personal Identifying Information (for example, name, address, etc.)
voluntarily submitted by the commenter may be publicly accessible. Do
not submit Confidential Business Information or otherwise sensitive or
protected information.
NMFS will accept anonymous comments. Enter ``N/A'' in the required
fields, if you wish to remain anonymous. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) file formats only.
[[Page 55289]]
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI according to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (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.
Pursuant to the final 2010 and 2011 harvest specifications for
groundfish in the BSAI (75 FR 11778, March 12, 2010), NMFS closed the
directed fishery for northern rockfish under 679.2(d)(1)(iii).
As of September 2, 2010, NMFS has determined that approximately
4,930 metric tons of northern rockfish remain unharvested in the BSAI.
Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C) and
(a)(2)(iii)(D), and to fully utilize the 2010 TAC of northern rockfish
in the BSAI, NMFS is terminating the previous closure and is opening
directed fishing for northern rockfish in the BSAI. This will enhance
the socioeconomic well-being of harvesters in this area. The
Administrator, Alaska Region (Regional Administrator) considered the
following factors in reaching this decision: (1) the current catch of
northern rockfish in the BSAI and, (2) the harvest capacity and stated
intent on future harvesting patterns of vessels in participating in
this fishery.
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) and 679.25(c)(1)(ii) 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 opening of northern rockfish in the BSAI.
NMFS was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
September 2, 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.
Without this inseason adjustment, NMFS could not allow the fishery
for northern rockfish in the BSAI to be harvested in an expedient
manner and in accordance with the regulatory schedule. Under Sec.
679.25(c)(2), interested persons are invited to submit written comments
on this action to the above address until September 27, 2010.
This action is required by Sec. 679.20 and Sec. 679.25 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. 2010-22640 Filed 9-7-10; 4:15 pm]
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