[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Rules and Regulations]
[Page 14498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6754]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XV51
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
the West Yakutat District 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 directed fishing for pollock in the West
Yakutat District of the Gulf of Alaska (GOA). This action is necessary
to prevent exceeding the 2010 total allowable catch (TAC) of pollock in
the West Yakutat District of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 23, 2010,
through 2400 hrs, A.l.t., December 31, 2010.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 pollock in the West Yakutat District of the GOA is
2,031 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)(1)(i), the Regional
Administrator has determined that the 2010 TAC of pollock in the West
Yakutat District of the GOA will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
2,011mt, and is setting aside the remaining 20 mt as bycatch to support
other anticipated groundfish fisheries. In accordance with Sec.
679.20(d)(1)(iii), the Regional Administrator finds that this directed
fishing allowance has been reached. Consequently, NMFS is prohibiting
directed fishing for pollock in the West Yakutat District of the GOA.
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 pollock in the West Yakutat District 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 March 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 is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 23, 2010.
Emily H. Menashes,
Acting Director Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-6754 Filed 3-23-10; 4:15 pm]
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