[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Rules and Regulations]
[Page 71045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29376]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XA051
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
in the Western Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; prohibition of retention.
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SUMMARY: NMFS is prohibiting retention of Pacific cod by vessels
catching Pacific cod for processing by the inshore component in the
Western Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring
that catch of Pacific cod in this area be treated in the same manner as
prohibited species and discarded at sea with a minimum of injury. This
action is necessary because the 2010 total allowable catch (TAC) of
Pacific cod apportioned to vessels catching Pacific cod for processing
by the inshore component in this area has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 17,
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 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 Western Regulatory
Area of the GOA is 18,687 metric tons, 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)(2), 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 in the Western Regulatory Area of
the GOA has been reached. Therefore, NMFS is requiring that further
catches of Pacific cod caught by vessels catching Pacific cod for
processing by the inshore component in the Western Regulatory Area of
the GOA be treated as prohibited species in accordance with Sec.
679.21(b).
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 prohibition of retention of Pacific cod by vessels
catching Pacific cod for processing by the inshore component in the
Western 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 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 17, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-29376 Filed 11-17-10; 4:15 pm]
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