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

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XY72 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern 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 northern 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 northern 

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 2010 northern rockfish TAC 

allocated to vessels participating in the 

entry level rockfish fishery in the 

Central Regulatory Area of the GOA is 

115 metric tons as established by the 

final 2010 and 2011 harvest 

specifications (75 FR 11749, March 12, 

2010) for groundfish in the GOA. 

Section 679.83(a)(2) allows trawl or 

longline gear vessels participating in the 

entry level rockfish fishery to harvest 

any unused northern rockfish after 1200 

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

As of September 1, 2010, 115 mt 

remains in the entry level longline 

allocation of northern rockfish. In 

accordance with § 679.83(a)(3), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the remaining 2010 

TAC of northern rockfish allocated to 

vessels participating in the entry level 

longline rockfish fishery in the Central 

Regulatory Area of the GOA is 

insufficient to support directed fishing. 

Consequently, NMFS is prohibiting 

directed fishing for northern rockfish for 

trawl and longline 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 northern 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. 

Dated: August 30, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–21990 Filed 8–30–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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