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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 679
          - [Docket No. 0810141351-9087-02]
          - RIN 0648-XT95

# 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                           ( print page 3875)                        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. 2010-1328 Filed 1-20-10; 4:15 pm]

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