[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Rules and Regulations]
[Pages 56016-56017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23020]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XZ05
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Catching Pacific Cod for Processing by the Inshore Component
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 cod by
vessels catching Pacific cod for processing by the inshore component in
the Central Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2010 Pacific total allowable catch
(TAC) apportioned to vessels catching Pacific cod for processing by the
inshore component of the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 13,
2010, through 2400 hrs, A.l.t., December 31, 2010.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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
[[Page 56017]]
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. Regulations governing sideboard protections for GOA
groundfish fisheries appear at subpart B of 50 CFR part 680.
The 2010 Pacific cod TAC apportioned to vessels catching Pacific
cod for processing by the inshore component of the Central Regulatory
Area of the GOA is 33,104 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(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the 2010
Pacific cod TAC apportioned to vessels catching Pacific cod for
processing by the inshore component of the Central Regulatory Area of
the GOA will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 31,604 mt, and is setting
aside the remaining 1,500 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
Pacific cod by vessels catching Pacific cod for processing by the
inshore component in the Central Regulatory Area of the GOA. 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 directed fishing closure of Pacific cod by vessels
catching Pacific cod for processing by the inshore component 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 September 9, 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 10, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-23020 Filed 9-10-10; 4:15 pm]
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