[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52478-52479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21259]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XY44


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod 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; reallocation.

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[[Page 52479]]

SUMMARY:  NMFS is reallocating the projected unused amount of Pacific 
cod from trawl catcher vessels to catcher vessels less than 60 feet 
(18.3 meters) length overall (LOA) using hook-and-line or pot gear in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to allow the C season apportionment of the 2010 total 
allowable catch (TAC) of Pacific cod established for trawl catcher 
vessels to be harvested.

DATES:  Effective August 23, 2010, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2010.

FOR FURTHER INFORMATION CONTACT:  Obren Davis, 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 C season apportionment of the 2010 Pacific cod TAC specified 
for trawl catcher vessels in the BSAI is 4,996 metric tons (mt) as 
established by the final 2010 and 2011 harvest specifications for 
groundfish in the BSAI (75 FR 11778, March 12, 2010), for the period 
1200 hrs, A.l.t., June 10, 2010, through 1200 hrs, A.l.t., November 1, 
2010.
    The Administrator, Alaska Region, NMFS, has determined that trawl 
catcher vessels will not be able to harvest 500 mt of the C season 
apportionment of the 2010 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 500 mt of Pacific cod from the C 
season trawl catcher vessel apportionment to catcher vessels less than 
60 feet (18.3 meters (m)) LOA using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the final 
harvest specifications for groundfish in the BSAI (75 FR 11778, March 
12, 2010) are revised as follows: 4,496 mt to the C season 
apportionment for trawl catcher vessels and 5,098 mt to catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.

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 reallocation of Pacific cod specified from trawl 
catcher vessels to catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear. Since the trawl catcher vessel Pacific cod 
fishery is currently open, it is important to immediately inform the 
industry as to the revised allocations. Immediate notification is 
necessary to allow for the orderly conduct and efficient operation of 
this fishery, to allow the industry to plan for the fishing season, and 
to avoid potential disruption to the fishing fleet as well as 
processors. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of August 20, 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.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: August 23, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-21259 Filed 8-23-10; 4:15 pm]
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