[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Pages 7403-7404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XU34


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Trawl Limited Access Fishery in the C. opilio 
Bycatch Limitation Zone 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; closure.

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SUMMARY:  NMFS is prohibiting directed fishing for vessels in the 
Bering Sea and Aleutian Islands (BSAI) trawl limited access fisheries, 
except American Fisheries Act (AFA) vessels using pelagic trawl gear 
for walleye pollock, in the C. opilio bycatch limitation zone (COBLZ) 
of the BSAI management area. This action is necessary to prevent 
exceeding the 2010 COBLZ bycatch allowance of C. opilio specified for 
the BSAI trawl limited access fishery in the BSAI management area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 8, 
2010, through 2400 hrs, A.l.t., December 31, 2010.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 COBLZ bycatch allowance of C. opilio Tanner crab specified 
for vessels participating in the BSAI trawl limited access fishery in 
the BSAI is 1,248,494 animals as established by the final 2009 and 2010 
harvest specifications for groundfish in the BSAI (74 7359, February 
17, 2009).
    The Administrator, Alaska Region, NMFS, has determined that the 
2010 COBLZ bycatch allowance of C. opilio specified for vessels 
participating in the BSAI trawl limited access fishery in the BSAI has 
been caught. Consequently, in accordance with Sec.  679.21(e)(7)(iv), 
NMFS is closing directed fishing in the COBLZ of the BSAI management 
area for vessels participating in the BSAI trawl limited access 
fishery, except American Fisheries Act (AFA) vessels using pelagic 
trawl gear for walleye pollock.
    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

[[Page 7404]]

(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 directed fishing in the COBLZ by vessels participating in 
the BSAI trawl limited access fishery of 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 February 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.
    This action is required by Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 12, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-3090 Filed 2-12-10; 4:15 pm]
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