52478 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 

milliseconds in total within a one hour 

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[FR Doc. 2010–21011 Filed 8–25–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XY45 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by 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 fully use the 2010 

total allowable catch (TAC) of Pacific 

cod specified for catcher vessels less 

than 60 feet (18.3 meters) LOA using 

hook-and-line or pot gear specified for 

the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 27, 2010, through 

2400 hrs, A.l.t., December 31, 2010. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 10, 2010. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

XY45, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. No comments will be 

posted to http://www.regulations.gov for 

public viewing until after the comment 

period has closed. Comment will 

generally be posted without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

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. 

NMFS closed directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 meters) length overall using 

hook-and-line or pot gear in the BSAI 

under § 679.20(d)(1)(iii) on May 19, 

2010 (75 FR 28502, May 21, 2010). 

NMFS has determined that as of 

August 20, 2010, approximately 500 

metric tons of Pacific cod remain in the 

2010 Pacific cod apportionment for 

catcher vessels less than 60 feet (18.3 

meters) length overall using hook-andline or pot gear in the BSAI. Therefore, 

in accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 

use the 2010 TAC of Pacific cod in the 

BSAI, NMFS is terminating the previous 

closure and is opening directed fishing 

for Pacific cod by catcher vessels less 

than 60 feet (18.3 meters) length overall 

using hook-and-line or pot gear in the 

BSAI. 

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 opening of the Pacific cod 

fishery by Pacific cod by catcher vessels 

less than 60 feet (18.3 meters) length 

overall using hook-and-line or pot gear 

in the BSAI. 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 

and 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels less than 

60 feet (18.3 meters) length overall using 

hook-and-line or pot gear in the BSAI to 

be harvested in an expedient manner 

and in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until September 10, 2010. 

This action is required by § 679.25 

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. 2010–21260 Filed 8–23–10; 4:15 pm] 

BILLING CODES S 

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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Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 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-andline 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 

§ 679.20(a)(7)(ii)(A). Therefore, in 

accordance with § 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 § 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] 

BILLING CODE 3510–22–S 

mstockstill on DSKH9S0YB1PROD with RULES