[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Rules and Regulations]
[Pages 69361-69362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28530]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XZ88


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian 
Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch of Pacific ocean perch in the Bering Sea 
subarea of the Bering Sea and Aleutian Islands management area. This 
action is necessary to allow fishing operations to continue. It is 
intended to promote the goals and objectives of the fishery management 
plan for the Bering Sea and Aleutian Islands management area.

DATES: Effective November 10, 2010 through 2400 hrs, Alaska local time, 
December 31, 2010. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, November 26, 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 0648-XZ88 
by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the

[[Page 69362]]

Federal eRulemaking Portal Web site at http://www.regulations.gov.
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: (907) 586-7557.
    <bullet> Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) 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). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (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 initial total allowable catch (ITAC) of Pacific ocean 
perch in the Bering Sea subarea was established as 3,256 metric tons 
(mt) by the final 2010 and 2011 harvest specifications for groundfish 
of the BSAI (75 FR 11778, March 12, 2010). In accordance with Sec.  
679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has 
reviewed the most current available data and finds that the ITAC for 
Pacific ocean perch in the Bering Sea subarea needs to be supplemented 
from the non-specified reserve in order to promote efficiency in the 
utilization of fishery resources in the BSAI and allow fishing 
operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 300 mt to the Pacific 
ocean perch ITAC in the Bering Sea subarea. This apportionment is 
consistent with Sec.  679.20(b)(1)(i) and does not result in 
overfishing of a target species because the revised ITAC is equal to or 
less than the specifications of the acceptable biological catch in the 
final 2010 and 2011 harvest specifications for groundfish in the BSAI 
(75 FR 11778, March 12, 2010).
    The harvest specification for the 2010 Pacific ocean perch ITAC 
included in the harvest specifications for groundfish in the BSAI is 
revised as follows: 3,556 mt for Pacific ocean perch in the Bering Sea 
subarea.

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) and Sec.  679.20(b)(3)(iii)(A) 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 apportionment of the non-specified 
reserves of groundfish to the Pacific ocean perch fishery in the Bering 
Sea subarea. Immediate notification is necessary to allow for the 
orderly conduct and efficient operation of this fishery, to allow the 
industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet and processors. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of November 5, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until November 
26, 2010.
    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: November 8, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28530 Filed 11-10-10; 8:45 am]
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