[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69597-69598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28672]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XA038


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
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 retention of Pacific cod in the Bering Sea 
and Aleutian Islands Management Area (BSAI) by vessels participating in 
the Amendment 80 limited access fisheries. This action is necessary to 
prevent exceeding the 2010 total allowable catch (TAC) of Pacific cod 
in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 9, 
2010, through 2400 hrs, A.l.t., December 31, 2010.

[[Page 69598]]


FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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 2010 Pacific cod TAC allocated to the Amendment 80 limited 
access sector in the BSAI is 3,319 metric tons as established by the 
final 2010 and 2011 harvest specifications for groundfish in the BSAI 
(75 FR 11778, March 12, 2010).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2010 TAC 
of Pacific cod in the BSAI allocated to the Amendment 80 limited access 
sector has been reached. Therefore, in accordance with Sec.  679.21(b), 
NMFS is requiring that Pacific cod caught in the BSAI be treated as 
prohibited species by vessels participating in the Amendment 80 limited 
access fisheries.

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 prohibiting the retention of Pacific cod by Amendment 80 
limited access vessels 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 November 8, 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 Sec.  679.21 and is 
exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: November 9, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28672 Filed 11-9-10; 4:15 pm]
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