[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Rules and Regulations]
[Pages 31321-31322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13351]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XW74


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, 
Flathead Sole, and ``Other Flatfish'' 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.

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SUMMARY: NMFS is prohibiting directed fishing for rock sole, flathead 
sole, and ``other flatfish'' 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 halibut bycatch allowance specified for the trawl rock sole, 
flathead sole, and ``other flatfish'' fishery category by vessels 
participating in the Amendment 80 limited access fishery in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 28, 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

[[Page 31322]]

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 halibut bycatch allowance specified for the trawl rock 
sole, flathead sole, and ``other flatfish'' fishery category by vessels 
participating in the Amendment 80 limited access fishery in the BSAI is 
139 metric tons as established by the final 2010 and 2011 harvest 
specifications for groundfish in the BSAI (75 FR 11778, March 12, 
2010).
    In accordance with Sec.  679.21(e)(3)(vi)(B) and Sec.  
679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined 
that the 2010 halibut bycatch allowance specified for the trawl rock 
sole, flathead sole, and ``other flatfish'' fishery category by vessels 
participating in the Amendment 80 limited access fishery in the BSAI 
has been caught. Consequently, NMFS is closing directed fishing for 
rock sole, flathead sole, and ``other flatfish'' 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 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 (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 rock sole, flathead 
sole, and ``other flatfish'' 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 May 27, 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: May 28, 2010
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-13351 Filed 5-28-10; 4:15 pm]
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