6588 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 

operators book clients for trips well in 

advance. These operators will benefit by 

being able to better plan their operations 

for the entirety of the fishing year under 

the to-be established recreational 

management measures as opposed to 

having to develop business plans for 

measures under both the existing and 

increased catch levels that would 

become effective later in the fishing year 

were a second rulemaking necessary. 

In addition, by implementing the 

increase in 2010 TAL quickly, NMFS 

will be able to increase the amount of 

black sea bass set aside for research 

from 69,000 lb (31 mt) to 111,000 lb (50 

mt). This additional 42,000 lb (19 mt) 

will permit additional research on black 

sea bass to be conducted. A previously 

approved RSA project to conduct a pot 

survey of scup in hard bottom areas of 

southern New England has been 

awarded a NOAA Grant to conduct their 

proposed scup research using RSA; 

however, this project also proposed to 

conduct simultaneous research on black 

sea bass but was not awarded 

authorization to do so because 

insufficient pounds of black sea bass 

RSA were available at the time of the 

grant award. This action will make 

available sufficient black sea bass RSA 

for the black sea bass component of this 

project to move forward. Timely 

distribution of the additional RSA 

pounds is necessary to ensure both the 

research field work and RSAcompensation fishing can occur during 

the spring fishery. Delay of the 

additional black sea bass RSA award by 

notice-and-comment rulemaking would 

likely jeopardize the completion of the 

research. The researcher would likely 

miss a substantial portion of the field 

research, not have sufficient time to 

generate research funding by the sale or 

capture of the RSA pounds, or both. 

NMFS has determined that increasing 

the 2010 black sea bass TAC and TAL 

by emergency action is consistent with 

section 305(c) of the MSA and NMFS 

guidance for application of emergency 

rules. The revised TAC and TAL are 

consistent with the best available 

scientific information (i.e., the revised 

SSC ABC recommendation), the 

Summer Flounder, Scup, and Black Sea 

Bass FMP, and present a low likelihood 

that the black sea bass stock will 

experience overfishing. Implementation 

via emergency rule is expected to 

substantially mitigate negative socioeconomic impacts to fishery 

participants and associated businesses. 

Negative socio-economic impacts would 

continue or, in some components of the 

2010 fisheries be more severe, if 

implementation of the increased TAL 

were delayed by normal notice-andcomment rulemaking. 

For the same reasons, the Assistant 

Administrator for Fisheries, NOAA, 

finds good cause pursuant to 5 U.S.C 

553(d)(3) to waive the 30-day delayed 

effective date required by 5 U.S.C. 

553(d). Members of the public, fishing 

and related industries, and the Council 

expect NMFS to utilize the most 

expedient rulemaking processes 

possible to ensure that the revised 2010 

black sea bass TAL is implemented as 

quickly as possible to relieve fishery 

restrictions. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This rule is exempt from the 

procedures of the Regulatory Flexibility 

Act because the rule is not subject to the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to 5 USC 553 or any other law. 

Dated: February 4, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–2941 Filed 2–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XU30 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock for American 

Fisheries Act Catcher Vessels in the 

Inshore Open Access Fishery 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. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock by American 

Fisheries Act (AFA) trawl catcher 

vessels participating in the inshore open 

access fishery in the Bering Sea subarea 

of the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2010 pollock 

total allowable catch (TAC) allocated to 

the inshore open access fishery in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 5, 2010, through 

1200 hrs, A.l.t., June 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 

Bering Sea pollock TAC allocated to the 

AFA inshore open access fishery in the 

BSAI is 2,762 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 

68715, December 29, 2009). The actual 

2010 Bering Sea subarea inshore 

cooperative allocations, including the 

inshore open access allocation, are 

posted at http:// 

alaskafisheries.noaa.gov/ 

sustainablefisheries/afa/afalsf.htm. 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of pollock TAC allocated to the AFA 

inshore open access fishery, which is 

catching pollock for processing by the 

inshore component in the Bering Sea 

subarea, will soon be reached. 

Therefore, the Regional Administrator is 

establishing the A season allowance of 

pollock TAC as the directed fishing 

allowance. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock by AFA 

trawl catcher vessels participating in the 

inshore open access fishery in the 

Bering Sea subarea. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 6589 

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 directing fishing for 

pollock by AFA trawl catcher vessels 

participating in the inshore open access 

fishery in the Bering Sea subarea. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 4, 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 5, 2010. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–2936 Filed 2–5–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XU27 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2010 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 5, 2010, through 

1200 hrs, A.l.t., March 10, 2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 MagnusonStevens 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 

TAC of pollock in Statistical Area 630 

of the GOA is 4,403 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009) and inseason adjustment (74 FR 

68713, December 29, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2010 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 4,303 mt, and is 

setting aside the remaining 100 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 630 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 pollock in 

Statistical Area 630 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 February 3, 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 4, 2010. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–2937 Filed 2–5–10; 11:15 am] 

BILLING CODE 3510–22–S 


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