[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Rules and Regulations]
[Pages 53874-53875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21988]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XY71


Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic 
Shelf Rockfish for Vessels Participating in the Rockfish Entry Level 
Fishery 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.

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SUMMARY:  NMFS is prohibiting directed fishing for pelagic shelf 
rockfish for vessels participating in the rockfish entry level fishery 
in the Central Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the 2010 total allowable catch (TAC) 
of pelagic shelf rockfish allocated to vessels participating in the 
rockfish entry level fishery in the Central Regulatory Area of the GOA.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 
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 
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 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 TAC of 2010 pelagic shelf rockfish allocated to vessels 
participating in the entry level rockfish fishery in the Central 
Regulatory Area of the GOA is 157 metric tons as established by the 
final 2010 and 2011 harvest specifications for groundfish in the GOA 
(75 FR 11749, March 12, 2010). Section 679.83(a)(2) allows trawl or 
longline gear vessels participating in the entry level rockfish fishery 
to harvest any unused pelagic shelf rockfish after 1200 hrs, A.l.t., 
September 1, 2010.
    As of September 1, 2010, 157 mt remains in the combined entry level 
longline and entry level trawl allocations of pelagic shelf rockfish. 
In accordance with Sec.  679.83(a)(3), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 
remaining 2010 TAC of pelagic shelf rockfish allocated to vessels 
participating in the entry level longline rockfish and entry level 
trawl fisheries in the Central Regulatory Area of the GOA is 
insufficient to support directed fishing. Consequently, NMFS is 
prohibiting directed fishing for pelagic shelf rockfish for longline 
and trawl and vessels participating in the rockfish entry level fishery 
in the Central Regulatory Area of the GOA.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) and Sec.  679.81(h)(5) 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 pelagic shelf rockfish for vessels 
participating in the rockfish entry level fishery 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 August 27, 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.


[[Page 53875]]


    Dated: August 30, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-21988 Filed 8-30-10; 4:15 pm]
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