[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Rules and Regulations]
[Pages 73981-73982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30144]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XA066
Fisheries of the Exclusive Economic Zone Off Alaska; Big Skate 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 retention of big skate in the Central
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary
because the 2010 total allowable catch (TAC) of big skate in the
Central Regulatory Area of the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 24,
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.
The 2010 TAC of big skate in the Central Regulatory Area of the GOA
is 2,049 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)(2), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2010 TAC
of big skate in the Central Regulatory Area of the GOA has been
reached. Therefore, NMFS is requiring that big skate caught in the
Central 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
[[Page 73982]]
(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
prohibiting the retention of big skate 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 November 22, 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 Sec. 679.21 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-30144 Filed 11-24-10; 4:15 pm]
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