[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Rules and Regulations]
[Pages 70614-70615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29130]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA048
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Greater Than or Equal to 60 Feet (18.3 Meters)
Length Overall Using Pot Gear 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; closure.
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[[Page 70615]]
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by pot
catcher vessels greater than or equal to 60 feet (18.3 meters (m))
length overall (LOA) in the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to prevent exceeding the 2010
Pacific cod total allowable catch (TAC) specified for pot catcher
vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 15,
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
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.
The 2010 Pacific cod TAC allocated as a directed fishing allowance
to pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in
the BSAI is 12,591 metric tons as established by the final 2010 and
2011 harvest specifications for groundfish in the BSAI (75 FR 11778,
March 12, 2010).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, has determined that the 2010 Pacific cod TAC
allocated as a directed fishing allowance to pot catcher vessels
greater than or equal to 60 feet (18.3 m) LOA in the BSAI has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
cod by pot catcher vessels greater than or equal to 60 feet (18.3 m)
LOA in the BSAI.
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 Pacific cod by pot catcher vessels greater
than or equal to 60 feet (18.3 m) LOA 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 November 12, 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: November 15, 2010.
Brian W. Parker,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-29130 Filed 11-15-10; 4:15 pm]
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