Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3873 

prejudice Fletcher, Heald & Hildreth, 

PLC’s Motion for Stay. 

William T. Lake, 

Chief, Media Bureau, Federal 

Communications Commission. 

[FR Doc. 2010–1246 Filed 1–22–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XT97 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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; closures and 

openings. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) for 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to prevent exceeding the 2010 

A season total allowable catch (TAC) of 

Atka mackerel in these areas for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS is also 

announcing the opening and closing 

dates of the first and second directed 

fisheries within the harvest limit area 

(HLA) in Statistical Areas 542 and 543. 

These actions are necessary to conduct 

directed fishing for Atka mackerel in the 

HLA in areas 542 and 543. 

DATES: The effective dates are provided 

in Table 1 under the SUPPLEMENTARY

INFORMATION section of this temporary 

action. 

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 2010 A season TAC of Atka 

mackerel for vessels participating in the 

BSAI trawl limited access fishery in the 

Eastern Aleutian District and the Bering 

Sea subarea was established as 604 

metric tons (mt) by the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009). 

In accordance with § 679.20(d)(1)(i) 

and (d)(1)(ii)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that 604 

mt of the 2010 A season Atka mackerel 

TAC for vessels participating in the 

BSAI trawl limited access fishery in the 

Eastern Aleutian District and the Bering 

Sea subarea will be necessary as 

incidental catch to support other 

anticipated groundfish fisheries. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of zero mt. 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 Atka mackerel in the 

Eastern Aleutian District and the Bering 

Sea subarea for vessels participating in 

the A season BSAI trawl limited access 

fishery. 

In accordance with 

§ 679.20(a)(8)(iii)(C), the Regional 

Administrator is opening the first 

directed fisheries for Atka mackerel 

within the HLA in areas 542 and 543, 

48 hours after prohibiting directed 

fishing for Atka mackerel in the Eastern 

Aleutian Island District and the Bering 

Sea subarea. The Regional 

Administrator has established the 

opening date for the second HLA 

directed fisheries as 48 hours after the 

last closure of the first HLA fisheries in 

either area 542 or 543. Consequently, 

NMFS is opening and closing directed 

fishing for Atka mackerel in the HLA of 

areas 542 and 543 in accordance with 

the periods listed under Table 1 of this 

notice. 

TABLE 1. EFFECTIVE DATES AND TIMES

Action Area 

Effective Time1 and Date 

From To 

Closing Atka mackerel for vessels 

participating in the BSAI trawl limited access fishery 

Eastern Aleutian District (541) and 

the Bering Sea subarea 

1200 hrs, January 20, 2010 1200 hrs, September 1, 2010 

Opening the first and second directed fishery in the HLA for the 

Amendment 80 cooperative 

542 

543 

1200 hrs, January 22, 2010 

1200 hrs, February 7, 2010 

1200 hrs, February 5, 2010 

1200 hrs, February 21, 2010 

Opening the first and second directed fishery in the HLA for vessels participating in the Amendment 80 limited access sector 542 and 543 

542 and 543 

1200 hrs, January 22, 2010 

1200 hrs, February 7, 2010 

1200 hrs, February 5, 2010 

1200 hrs, February 21, 2010 

Opening the first directed fishery 

in the HLA for the vessel participating in the BSAI trawl limited 

access sector 

542 1200 hrs, January 22, 2010 1200 hrs, February 5, 2010 

1Alaska local time. 

In accordance with 

§ 679.20(a)(8)(iii)(A) and 

§ 679.20(a)(8)(iii)(B), vessels using trawl 

gear for directed fishing for Atka 

mackerel have previously registered 

with NMFS to fish in the HLA fisheries 

in areas 542 and 543. NMFS has 

randomly assigned each vessel to the 

directed fishery or fisheries for which 


jlentini on DSKJ8SOYB1PROD with RULES
3874 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 

they have registered. NMFS has notified 

each vessel owner as to which fishery 

each vessel has been assigned by NMFS, 

per a notice filed with the Federal 

Register on January 19, 2010. 

In accordance with the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009), and 

§ 679.20(a)(8)(ii)(C)(1), the HLA limits of 

the A season allowance of the 2010 

TACs in areas 542 and 543 are 4,317 mt 

and 3,250 mt, respectively, for vessels 

participating in the Amendment 80 

limited access fishery. The HLA limits 

of the A season allowance of the 2010 

TACs in areas 542 and 543 are 2,854 mt 

and 2,022 mt, respectively, for 

Amendment 80 cooperatives. The HLA 

limit of the A season allowance of the 

2010 TAC in area 542 is 458 mt for the 

BSAI trawl limited access vessel. In 

accordance with § 679.20(a)(8)(iii)(E), 

the Regional Administrator has 

established the closure dates of the Atka 

mackerel directed fisheries in the HLA 

for areas 542 and 543 based on the 

amount of the harvest limit and the 

estimated fishing capacity of the vessels 

assigned to the respective fisheries. 

Consequently, NMFS is prohibiting 

directed fishing for Atka mackerel in the 

HLA of areas 542 and 543 in accordance 

with the dates and times listed in Table 

1 of this notice. 

After the effective dates of these 

closures, 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 a 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 the Atka mackerel 

fishery in the Eastern Aleutian District 

and the Bering Sea subarea for vessels 

participating in the BSAI trawl limited 

access fishery and the opening and 

closing of the fisheries for the HLA 

limits established for area 542 and area 

543 pursuant to the 2010 Atka mackerel 

TAC. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of January 19, 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: January 20, 2010. 

James P. Burgess, Acting Director, Office of 

Sustainable Fisheries, National Marine 

Fisheries Service. 

[FR Doc. 2010–1324 Filed 1–20–10; 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–XT95 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Participating in the 

Amendment 80 Limited Access Fishery 

in 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 closing directed 

fishing for Pacific cod by vessels 

participating in the Amendment 80 

limited access fishery in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2010 Pacific cod 

total allowable catch (TAC) allocated to 

vessels participating in the Amendment 

80 limited access fishery in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 20, 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 Pacific cod TAC allocated to 

vessels participating in the Amendment 

80 limited access fishery in the BSAI is 

3,319 metric tons as established by the 

final 2009 and 2010 harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009 

and 74 FR 68717, December 29, 2010) 

and as posted as the 2010 Allocations at 

http://alaskafisheries.noaa.gov/ 

sustainablefisheries/amds/80/ 

2010allocationtables.pdf. 

The Regional Administrator has 

determined that the 2010 Pacific cod 

TAC allocated to vessels participating in 

the Amendment 80 limited access 

fishery in the BSAI will be necessary to 

support other anticipated groundfish 

fisheries. Therefore, in accordance with 

§ 679.20(d)(1)(i), the Regional 

Administrator is establishing a directed 

fishing allowance of 0 mt and is setting 

aside the remaining 3,319 mt as 

incidental catch to support other 

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 Pacific cod by 

vessels participating in the Amendment 

80 limited access fishery 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 vessels participating in 

the Amendment 80 limited access 

fishery 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 January 14, 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 


jlentini on DSKJ8SOYB1PROD with RULES