[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Rules and Regulations]
[Page 13444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6228]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XV34
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod 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; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from vessels using jig gear to catcher vessels less than 60 feet
(18.3 meters) length overall (LOA) using hook-and-line or pot gear in
the Bering Sea and Aleutian Islands management area (BSAI). This action
is necessary to allow the A season apportionment of the 2010 total
allowable catch (TAC) of Pacific cod to be harvested.
DATES: Effective March 17, 2010, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2010.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 A season apportionment of the 2010 Pacific cod TAC specified
for vessels using jig gear in the BSAI is 1,266 metric tons (mt) as
established by the final 2010 and 2011 harvest specifications for
groundfish in the BSAI (75 FR 11788, March 12, 2010) for the period
1200 hrs, A.l.t., January 1, 2010, through 1200 hrs, A.l.t., April 30,
2010.
The Administrator, Alaska Region, NMFS, has determined that jig
vessels will not be able to harvest 1,200 mt of the A season
apportionment of the 2010 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS apportions 1,200 mt of Pacific cod from the
A season jig gear apportionment to catcher vessels less than 60 feet
(18.3 meters (m)) LOA using hook-and-line or pot gear.
The harvest specifications for Pacific cod included in the final
2010 harvest specifications for groundfish in the BSAI (75 FR 11788,
March 12, 2010) are revised as follows: 66 mt to the A season
apportionment for vessels using jig gear and 4,198 mt to catcher
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
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 reallocation of Pacific cod specified from jig vessels
to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line
or pot gear. Since the fishery is currently open, it is important to
immediately inform the industry as to the revised allocations.
Immediate notification is necessary to allow for the orderly conduct
and efficient operation of this fishery, to allow the industry to plan
for the fishing season, and to avoid potential disruption to the
fishing fleet as well as processors. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of March 16, 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: March 17, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-6228 Filed 3-17-10; 4:15 pm]
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