[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Rules and Regulations]
[Pages 68726-68727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28264]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XAO21
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Bering Sea Subarea of 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 a closure.
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SUMMARY: NMFS is opening directed fishing for Pacific ocean perch in
the Bering Sea subarea of the Bering Sea and Aleutian Islands
management area. This action is necessary to fully use the 2010 total
allowable catch of Pacific ocean perch specified for the Bering Sea
subarea of the Bering Sea and Aleutian Islands management area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 4,
2010, through 2400 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.,
November 24, 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-
XAO21, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal Web site 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 (e.g., name, address) 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
[[Page 68727]]
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands management area (BSAI) exclusive
economic zone 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.
NMFS closed the directed fishery for Pacific ocean perch (POP) in
the Bering Sea subarea of the BSAI under Sec. 679.20(d)(1)(iii) on
January 1, 2010 (75 FR 11778, March 12, 2010).
NMFS has determined that approximately 2,260 metric tons of POP
remain in the directed fishing allowance. 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 total allowable catch of POP in the Bering Sea subarea
of the BSAI, NMFS is terminating the previous closure and is opening
directed fishing for POP in Bering Sea subarea of the BSAI. This will
enhance the socioeconomic well-being of harvesters dependent upon POP
in this area. The Administrator, Alaska Region considered the following
factors in reaching this decision: (1) The current catch of POP in the
BSAI and, (2) the harvest capacity and stated intent on future
harvesting patterns of vessels 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), 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 POP in the Bering Sea subarea of 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
November 3, 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 POP in the Bering Sea subarea of 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 November 19, 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: November 4, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-28264 Filed 11-4-10; 4:15 pm]
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