[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Page 38936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16467]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910131362-0087-02]
RIN 0648-XX35
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch for Catcher Vessels Participating in the Rockfish Entry
Level Trawl Fishery 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 directed fishing for Pacific ocean perch
by trawl catcher vessels participating in the rockfish entry level
fishery in the Central Regulatory Area of the Gulf of Alaska (GOA).
This action is necessary to prevent exceeding the 2010 directed fishing
allowance of Pacific ocean perch for trawl catcher vessels
participating in the rockfish entry level fishery in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 3, 2010,
through 1200 hrs, A.l.t., September 1, 2010.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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 directed fishing allowance of Pacific ocean perch
allocated to trawl catcher vessels participating in the entry level
rockfish fishery in the Central Regulatory Area is 392 metric tons as
established by the final 2010 and 2011 harvest specifications for
groundfish in the GOA (75 FR 11749, March 12, 2010).
The Administrator, Alaska Region, NMFS (Regional Administrator),
has determined that the 2010 directed fishing allowance of Pacific
ocean perch for trawl catcher vessels participating in the entry level
rockfish fishery in the Central Regulatory Area will soon be reached.
Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for Pacific ocean perch by trawl catcher
vessels participating in the entry level rockfish fishery in the
Central Regulatory Area 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
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 Pacific ocean perch by trawl catcher vessels participating in the
rockfish entry level fishery 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 June
30, 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: July 1, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-16467 Filed 7-1-10; 4:15 pm]
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