Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations 53873 

The projections conducted for witch 

flounder, GOM cod, and white hake 

indicate 177 percent, 196 percent, and 

205 percent of their respective sub-ACLs 

will be caught by the end of the fishing 

year without action being taken to slow 

catch rates. Based upon the regulations 

that prescribe the accounting 

methodology, the defined differential 

DAS areas, and the recent location of 

catch, a differential DAS counting factor 

of 2.0 applies to all Category A DAS 

used by common pool vessels within 

the Inshore and Offshore GOM 

Differential DAS Areas and the Inshore 

and Offshore GB Differential DAS Areas. 

This 2:1 DAS counting ratio is 

calculated to be sufficient to ensure that 

sub-ACLSs for white hake and GOM cod 

will not be exceeded. Because vessels 

are currently charged a full 24 hr for any 

day that is less than 24 hr, time fished 

will be first rounded up to account for 

a 24 hr day, to ensure the differential 

rate is effective in reducing effort 

sufficiently. For example, if a vessel 

fished for 13 hr in the GOM, the vessel 

would be charged 48 hr (i.e., 13 hr is 

rounded up to 24 hr, and multiplied by 

2.0). If a vessel fished for 25 hr in the 

GOM, the vessel would be charged 96 hr 

(i.e., 25 hr is rounded up to 48 hr, and 

multiplied by 2.0). This differential DAS 

counting will be applied when fishing 

in the Inshore and Offshore GOM 

Differential DAS Areas and the Inshore 

and Offshore GM Differential Areas, 

based upon the first VMS position into 

the area, and the first VMS position 

outside of the area. For trips that fish 

both inside and outside of the areas 

covered by the differential DAS rate 

(i.e., within one of the differential DAS 

areas covered by the increased rate as 

described above, and also in the 

Southern New England (SNE) 

Differential DAS Area), the time spent 

fishing outside the differential areas will 

be counted as real time fished (time will 

not be rounded up to 24 hr nor will 

differential DAS accrue). For example, a 

vessel that fished for 20 hr in the GOM 

and 5 hr in SNE would be charged 53 

hr (i.e., 20 hr (GOM) rounded up to 24 

hr X 2.0 = 48; plus 5 hr (SNE) = 53 hr). 

This action also allows for an 

exemption to the 2.0 differential DAS 

rate for vessels that merely transit the 

differential DAS areas. Thus, vessels 

may transit the GOM and GB 

Differential DAS Areas without being 

charged the 2.0 differential DAS rate, 

provided their gear is properly stowed 

according to the regulations at 

§ 648.23(b). For example, if a vessel 

transits through the Inshore GB 

Differential DAS Area without fishing, 

and only fishes in the Offshore GB 

Differential DAS Area, the differential 

rate of 2:1 will only apply to time spent 

in the Offshore GB Differential DAS 

Area. Transiting time to and from 

Offshore GB Differential DAS Area 

would only be charged 1:1, provided all 

gear is stowed properly. However, 

should the vessel decide to fish in the 

Inshore GB Differential DAS Area, all 

time spent in the area would then be 

charged the 2:1 rate. This transiting 

provision avoids unnecessary 

restrictions on vessels that cannot reach 

fishing grounds to fish for stocks not 

affected by this action. Vessels must still 

declare all broad stocks areas (BSA) it 

intends to fish in prior to leaving port. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

notice, comment, and a delayed 

effectiveness would be impracticable 

and contrary to the public interest. The 

regulations at §§ 648.82(o) and 648.86(o) 

grant the Regional Administrator the 

authority to implement adjustments to 

NE multispecies differential DAS 

counting and modifications to trip 

limits respectively, to prevent overharvesting or under-harvesting the 

common pool sub-ACLs. This action 

will implement a more restrictive DAS 

counting rate in the GOM and GB in 

order to ensure that the common pool 

sub-ACLs for GOM cod and white hake 

are not overharvested, and the biological 

and economic objectives of the FMP are 

met. Differential DAS, as well as a zero 

possession limit for witch flounder, 

help to prevent the sub-ACL for this 

stock from being further exceeded. 

It is important to take this action 

immediately because, based on current 

data and projections, continuation of the 

status quo will result in exceeding at 

least some of the common pool subACLs prior to the end of the fishing 

year. Attainment of any of the common 

pool sub-ACLs in FY 2010 would trigger 

accountability measures for the common 

pool in FY 2011. These future 

restrictions could result in the loss of 

yield of other valuable species caught by 

vessels in the common pool. 

The updated catch information that is 

the basis for this action only recently 

became available. The time necessary to 

provide for prior notice and comment, 

and delayed effectiveness for this 

action, would prevent NMFS from 

implementing necessary restrictions in a 

timely manner. A resulting delay in the 

curtailment of catch rate of these stocks 

could result in less revenue for the 

fishing industry and be counter to the 

objective of achieving optimum yield. 

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

Dated: August 30, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–21986 Filed 8–30–10; 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–XY70 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch 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 Pacific ocean 

perch 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 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 2010 TAC of Pacific ocean perch 

allocated to vessels participating in the 

entry level rockfish fishery in the 


emcdonald on DSK2BSOYB1PROD with RULES
53874 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations 

Central Regulatory Area of the GOA is 

512 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 Pacific ocean perch after 1200 

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

As of September 1, 2010, 94 mt 

remains in the combined entry level 

longline and entry level trawl 

allocations of Pacific ocean perch. In 

accordance with § 679.83(a)(3), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the remaining 2010 

TAC of Pacific ocean perch 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 Pacific 

ocean perch for longline and trawl 

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 

§ 679.20(e) and (f) and § 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 Pacific ocean perch 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 30, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–21984 Filed 8–30–10; 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–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. 

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 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 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 § 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 

§ 679.20(e) and (f) and § 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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


emcdonald on DSK2BSOYB1PROD with RULES