Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations 52891 

year was set equal to 13,278,001 lb 

(6,023 mt) (74 FR 67978, December 22, 

2009). The percent allocated to vessels 

landing summer flounder in 

Massachusetts is 6.82046 percent, 

resulting in a commercial quota of 

905,621 lb (411 mt). The 2010 allocation 

was reduced to 846,667 lb (384 mt) after 

deduction of research set-aside and 

adjustment for 2009 quota overages. 

Section 648.101(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing summer flounder 

in that state. The Regional 

Administrator has determined, based 

upon dealer reports and other available 

information, that Massachusetts has 

harvested its quota for 2010. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

summer flounder in any state that the 

Regional Administrator has determined 

no longer has commercial quota 

available. Therefore, effective 0001 

hours, September 1, 2010, further 

landings of summer flounder in 

Massachusetts by vessels holding 

summer flounder commercial Federal 

fisheries permits are prohibited for the 

remainder of the 2010 calendar year, 

unless additional quota becomes 

available through a transfer and is 

announced in the Federal Register. 

Effective 0001 hours, September 1, 

2010, federally permitted dealers are 

also notified that they may not purchase 

summer flounder from federally 

permitted vessels that land in 

Massachusetts for the remainder of the 

calendar year, or until additional quota 

becomes available through a transfer 

from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: August 25, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–21531 Filed 8–25–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XY57 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in 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 pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2010 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

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

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

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 C season allowance of the 2010 

TAC of pollock in Statistical Area 630 

of the GOA is 5,912 metric tons (mt) as 

established by the final 2010 and 2011 

harvest specifications for groundfish of 

the GOA (75 FR 11749, March 12, 2010). 

In accordance with § 679.20(a)(5)(iv)(B) 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

decreases the C season pollock 

allowance by 1,056 mt, to reflect the 

total amount of pollock TAC that has 

been caught prior to the C season in 

Statistical Area 630. Therefore, the 

revised C season allowance of the 

pollock TAC in Statistical Area 630 is 

4,856 mt (5,912 mt minus 1,056 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2010 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 4,846 mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

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 pollock in Statistical 

Area 630 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 closure of pollock in 

Statistical Area 630 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 August 24, 

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 25, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–21528 Filed 8–25–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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