Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73981 

stratification of catch within a net or 

whether the pump housing, which is 

primarily designed to keep the net out 

of the pump, might also exclude some 

larger bodied species. 

Comment 4: The ASMFC supported 

Alternative 1, but suggested NMFS 

periodically review this measure to 

determine if the level of data collection 

continues to be necessary and if the 

burden to the industry is justified. 

Response: This rule may be reconsidered and even superseded by a 

future Council action modifying the 

catch monitoring program for the 

Atlantic herring fishery as a whole. If 

the Council does not choose to review 

and reevaluate the requirements for 

access to CA I, the regulations would 

still be subject to the normal periodic 

review process and could be changed to 

account for new information about the 

burden on the fishery if necessary or 

appropriate. 

Comment 5: No commenter supported 

either Alternative 2 or Alternative 3. 

Representatives of the commercial 

herring midwater trawl industry, 

representatives of commercial 

groundfish industry, and environmental 

groups all criticized these proposed 

alternatives as being unworkable. 

Response: As explained in the 

proposed rule, these alternatives were 

intended as examples of possible 

modification to the existing regulation. 

The limit on how much can be released 

in Alternative 2 would be difficult to 

estimate, and could put the observer in 

an enforcement role. Alternative 3 

would require the vessel crew to recinch the net after pumping, which is 

one of the major hurdles to bringing the 

catch on board. In addition, raising the 

net out of the water does not address the 

question of catch composition within 

the net and may pose even more 

logistical problems than bringing the net 

and catch on board. Therefore, NMFS 

did not consider either of these as 

acceptable alternatives for this final 

rule. 

Comment 6: Some commenters 

objected to the Council granting 

midwater trawl vessels access to CA I 

for various reasons, including that 

midwater trawl access to groundfish 

closed areas was authorized based on 

less research and analysis than was 

required for the establishment of the NE 

Multispecies CA I Hook Gear Haddock 

Special Access Program (SAP). These 

comments included opposition to all 

midwater trawling, requests that the 100 

percent observer coverage requirements 

apply to all groundfish closed areas, 

questions on the use and enforcement of 

the Closed Area I Midwater Trawl 

Released Codend Affidavit, and 

objections to the Council’s requirement 

that in order to access CA I vessels 

targeting groundfish through the NE 

Multispecies CA I, Hook Gear Haddock 

Special Access Program had to meet a 

higher hurdle in terms of documenting 

bycatch than did midwater trawl 

vessels. 

Response: These comments question 

the underlying provision of allowing 

midwater trawl vessels access to CA I, 

and other attendant requirements, 

which is beyond the scope of this rule, 

and, therefore not addressed in this final 

rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Atlantic Herring and NE Multispecies 

FMPs, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

NMFS received no comments 

questioning or regarding this 

certification. 

Dated: November 24, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

§ 648.80 [Amended] 

■ 2. In § 648.80, remove paragraph 

(d)(7)(ii)(D). 

[FR Doc. 2010–30152 Filed 11–29–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XA066 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Big Skate in the 

Central Regulatory Area of 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 retention 

of big skate in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary because the 2010 

total allowable catch (TAC) of big skate 

in the Central Regulatory Area of the 

GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 24, 2010, 

through 2400 hrs, A.l.t., December 31, 

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 2010 TAC of big skate in the 

Central Regulatory Area of the GOA is 

2,049 metric tons (mt) as established by 

the final 2010 and 2011 harvest 

specifications for groundfish of the GOA 

(75 FR 11749, March 12, 2010). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2010 TAC of big 

skate in the Central Regulatory Area of 

the GOA has been reached. Therefore, 

NMFS is requiring that big skate caught 

in the Central Regulatory Area of the 

GOA be treated as prohibited species in 

accordance with § 679.21(b). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 


jdjones on DSK8KYBLC1PROD with RULES
73982 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

(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 big 

skate in the Central Regulatory Area 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 November 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 § 679.20 

and § 679.21 and is exempt from review 

under Executive Order 12866. 

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

Dated: November 24, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–30144 Filed 11–24–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XA067 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Longnose Skate in 

the Western Regulatory Area of 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 retention 

of longnose skate in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2010 total allowable catch (TAC) of 

longnose skate in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 24, 2010, 

through 2400 hrs, A.l.t., December 31, 

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 2010 TAC of longnose skate in 

the Western Regulatory Area of the GOA 

is 81 metric tons (mt) as established by 

the final 2010 and 2011 harvest 

specifications for groundfish of the GOA 

(75 FR 11749, March 12, 2010). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2010 TAC of 

longnose skate in the Western 

Regulatory Area of the GOA has been 

reached. Therefore, NMFS is requiring 

that longnose skate caught in the 

Western Regulatory Area of the GOA be 

treated as prohibited species in 

accordance with § 679.21(b). 

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 

longnose skate in the Western 

Regulatory Area 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 November 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 § 679.20 

and § 679.21 and is exempt from review 

under Executive Order 12866. 

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

Dated: November 24, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–30149 Filed 11–24–10; 4:15 pm] 

BILLING CODE 3510–22–P 


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