[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Rules and Regulations]
[Page 16021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7231]
[[Page 16021]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XV61
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; modification of a closure.
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SUMMARY: NMFS is opening directed fishing for pollock in the West
Yakutat District of the Gulf of Alaska (GOA). This action is necessary
to fully use 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 26, 2010,
through 2400 hrs, A.l.t., December 31, 2010. Comments must be received
at the following address no later than 4:30 p.m., A.l.t., April 12,
2010.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XV61, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record. No comments
will be posted to http://www.regulations.gov for public viewing until
after the comment period has closed. Comment will generally be posted
without change. All Personal Identifying Information (for example,
name, address, etc.) voluntarily submitted by the commenter may be
publicly accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
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.
NMFS closed directed fishing for pollock in the West Yakutat
District of the GOA under Sec. 679.20(d)(1)(iii) on March 23, 2010 (75
FR 14498, March 26, 2010).
As of March 25, 2010, NMFS has determined that approximately 681
metric tons of pollock remain in the directed fishing allowance for
pollock in the West Yakutat District of the GOA. Therefore, in
accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the 2010 TAC of pollock in the
West Yakutat District of the GOA, NMFS is terminating the previous
closure and is reopening directed fishing for pollock in the West
Yakutat District of the GOA. The Administrator, Alaska Region (Regional
Administrator) considered the following factors in reaching this
decision: (1) the current catch of pollock in the West Yakutat District
of the GOA and, (2) the harvest capacity and stated intent on future
harvesting patterns of vessels in participating in this fishery.
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 opening 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 25, 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.
Without this inseason adjustment, NMFS could not allow the fishery
for pollock in the West Yakutat District of the GOA to be harvested in
an expedient manner and in accordance with the regulatory schedule.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until April 12,
2010.
This action is required by Sec. 679.20 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 26, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-7231 Filed 3-26-10; 4:15 pm]
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