[Federal Register Volume 75, Number 50 (Tuesday, March 16, 2010)]
[Rules and Regulations]
[Page 12463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5693]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XV21
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Trawl 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
catcher vessels using trawl gear in the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the A season allowance of the 2010 Pacific cod allowable catch (TAC)
specified for catcher vessels using trawl gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 12, 2010,
though 1200 hrs, A.l.t., April 1, 2010.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 allowance of the 2010 Pacific cod TAC allocated to
catcher vessels using trawl gear in the BSAI is 24,647 metric tons (mt)
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)(i), the Administrator, Alaska
Region, NMFS, has determined that the A season allowance of the 2010
Pacific cod TAC allocated to catcher vessels using trawl gear in the
BSAI will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 24,497 mt, and is setting
aside the remaining 150 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
Pacific cod by catcher vessels using trawl gear 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 catcher vessels using trawl
gear 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 March 10, 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 10, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-5693 Filed 3-11-10; 4:15 pm]
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