Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 7403 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XU36 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Hook-andLine Gear 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 Pacific cod by catcher/ 

processors using hook-and-line gear in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2010 Pacific 

cod total allowable catch (TAC) 

allocated to catcher/processors using 

hook-and-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 9, 2010, through 

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

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

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 A season apportionment of the 

2010 Pacific cod TAC allocated as a 

directed fishing allowance to catcher/ 

processors using hook-and-line gear in 

the BSAI is 37,230 metric 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 68717, 

December 29, 2009). 

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

the Regional Administrator finds that 

the A season apportionment of the 2010 

Pacific cod directed fishing allowance 

allocated to catcher/processors using 

hook-and-line gear in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher/processors using hookand-line gear in the BSAI. 

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 directed fishing for 

Pacific cod by catcher/processors using 

hook-and-line gear 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 February 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 section 

679.20 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. 2010–3083 Filed 2–12–10; 4:15 pm] 

BILLING CODE 3510–22–S 

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. 

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 § 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 

§ 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 


srobinson on DSKHWCL6B1PROD with RULES