[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Rules and Regulations]
[Pages 14498-14499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6756]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XV52
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel 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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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the
Central Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI) by vessels participating in the Amendment 80
limited access fishery. This action is necessary to prevent exceeding
the 2010 A season allocation of Atka mackerel in this area allocated to
vessels participating in the Amendment 80 limited access fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 23, 2010,
through 1200 hrs, A.l.t., September 1, 2010.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 908-586-7269.
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 A season allocation of Atka mackerel allocated to vessels
participating in the Amendment 80 limited access fishery in the Central
Aleutian District was established as 7,457 metric tons (mt) 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)(i), the Regional
Administrator has determined that the 2010 Atka mackerel A season TAC
allocated to vessels participating in the Amendment 80 limited access
fishery in the Central Aleutian District of the BSAI will soon be
reached. Therefore, the Regional Administrator is establishing a
directed
[[Page 14499]]
fishing allowance of 7,407 mt and is setting aside the remaining 50 mt
as incidental catch to support other 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 Atka
mackerel in the Central Aleutian District by vessels participating in
the Amendment 80 limited access fishery.
After the effective dates 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 a 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 the Atka mackerel fishery in the Central
Aleutian District for vessels participating in the Amendment 80 limited
access fishery. 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. 2010-6756 Filed 3-23-10; 4:15 pm]
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