[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Rules and Regulations]
[Page 8840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4018]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XU65
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher/Processors Using Pot Gear 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 Pacific cod by pot
catcher/processors in the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to prevent exceeding the A season
apportionment of the 2010 Pacific cod total allowable catch (TAC)
specified for pot catcher/processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 23,
2010, through 1200 hrs, A.l.t., September 1, 2010.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
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 A season apportionment of the 2010 Pacific cod TAC allocated as
a directed fishing allowance to pot catcher/processors in the BSAI is
1,147 metric tons as established by the final 2009 and 2010 harvest
specifications for groundfish in the BSAI (74 FR 7359, February 17,
2009) and inseason adjustment (74 FR 68717, December 29, 2009)).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, has determined that the A season apportionment of
the 2010 Pacific cod TAC allocated as a directed fishing allowance to
pot catcher/processors in the BSAI has been reached. Consequently, NMFS
is prohibiting directed fishing for Pacific cod by pot catcher/
processors in the BSAI.
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 Pacific cod by pot catcher/processors in the
BSAI. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of February 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: February 23, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-4018 Filed 2-23-10; 4:15 pm]
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