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

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XT96 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Central Regulatory Area of the Gulf of 

Alaska 

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 non-American 

Fisheries Act (AFA) crab vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allowance of the 2010 Pacific cod 

sideboard limits apportioned to nonAFA crab vessels catching Pacific cod 

for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 21, 2010, through 

1200 hrs, A.l.t., September 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 allowance of the 2010 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA is 761 metric tons (mt), 

as established by the final 2009 and 

2010 harvest specifications for 

groundfish of the GOA (74 FR 7333, 

February 17, 2009) and inseason 

adjustment (74 FR 68713, December 29, 

2009). 

In accordance with § 680.22(e)(2)(i), 

the Regional Administrator, has 

determined that A season allowance of 

the 2010 Pacific cod sideboard limits 

apportioned to non-AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a 

sideboard directed fishing allowance for 

Pacific cod as five mt for the inshore 

component in the Central Regulatory 

Area of the GOA. The remaining 756 mt 

for the inshore component in the 

Central Regulatory Area of the GOA will 

be set aside as bycatch to support other 

anticipated groundfish fisheries. In 

accordance with § 680.22(e)(3), the 

Regional Administrator finds that this 

sideboard directed fishing allowance 

has been reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. 

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 sideboard directed fishing 

closure of Pacific cod apportioned to 

non-AFA crab vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. 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 § 680.22 

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. 2010–1330 Filed 1–20–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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