Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 5537 

amends 49 CFR part 192 by making the 

following correcting amendments: 

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

■ 1. The authority citation for part 192 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60110, 60113, and 60118; and 

49 CFR 1.53. 

§ 192.631 [Amended] 

■ 2. In paragraph (a)(2), in the second 

sentence, remove the phrase ‘‘implement 

the procedures no later than February 1, 

2012’’ and add the phrase ‘‘implement 

the procedures no later than February 1, 

2013’’ in its place. 

§ 195.446 [Amended] 

■ 3. In paragraph (a), in the last 

sentence, remove the phrase ‘‘implement 

the procedures no later than February 1, 

2012’’, and add the phrase ‘‘implement 

the procedures no later than February 1, 

2013’’ in its place. 

Issued in Washington, DC, on January 28, 

2010. 

Cynthia L. Quarterman, 

Administrator. 

[FR Doc. 2010–2190 Filed 2–2–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907301206–0032–02] 

RIN 0648–AY13 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Specifications 

and Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This action implements 2010 

specifications and management 

measures for Atlantic mackerel, squid, 

and butterfish (MSB). Specifically, this 

action maintains quotas for Atlantic 

mackerel (mackerel), Illex squid (Illex), 

Loligo squid (Loligo), and butterfish at 

the same levels as 2009. This action also 

modifies accounting procedures for 

underages of Trimester 1 quotas in the 

Loligo fishery so that Trimester 1 quota 

underages that are greater than 25 

percent of the Trimester 1 quota will be 

allocated equally to Trimesters 2 and 3, 

and underages that are less than 25 

percent of the Trimester 1 quota will be 

allocated to Trimester 3. Additionally, 

this action will increase the minimum 

mesh size requirement for codend 

covers in the Loligo fishery from 4.5 

inches (11.43 cm) to 5 inches (12.7 cm). 

These specifications and management 

measures promote the utilization and 

conservation of the MSB resource. 

DATES: Effective March 5, 2010, except 

for the amendment to § 648.23(a)(3)(i), 

which is effective August 3, 2010. 

ADDRESSES: Copies of supporting 

documents used by the Mid-Atlantic 

Fishery Management Council (Council), 

including the Environmental 

Assessment (EA) and Regulatory Impact 

Review (RIR)/Initial Regulatory 

Flexibility Analysis (IRFA), are 

available from: Daniel Furlong, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Room 

2115, Federal Building, 300 South New 

Street, Dover, DE 19904–6790. The EA/ 

RIR/IRFA is accessible via the Internet 

at http://www.nero.noaa.gov. NMFS 

prepared a Final Regulatory Flexibility 

Analysis (FRFA), which is contained in 

the classification section of the rule. 

Copies of the FRFA and the Small Entity 

Compliance Guide are available from: 

Patricia Kurkul, Regional Administrator, 

National Marine Fisheries Service, 

Northeast Region, 55 Great Republic 

Drive, Gloucester, MA 01930–2276, or 

via the Internet at http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Nordeen, Fishery Policy Analyst, 

978–281–9272, fax 978–281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

Regulations implementing the Fishery 

Management Plan for the Atlantic 

Mackerel, Squid, and Butterfish 

Fisheries (FMP) appear at 50 CFR part 

648, subpart B. Regulations governing 

foreign fishing appear at 50 CFR part 

600, subpart F. These regulations at 

§ 648.21 and § 600.516(c), require that 

NMFS, based on the maximum 

optimum yield (Max OY) of each fishery 

as established by the regulations, 

annually publish a proposed rule 

specifying the amounts of the initial 

optimum yield (IOY), allowable 

biological catch (ABC), domestic annual 

harvest (DAH), and domestic annual 

processing (DAP), as well as, where 

applicable, the amounts for total 

allowable level of foreign fishing 

(TALFF) and joint venture processing 

(JVP) for the affected species managed 

under the FMP. In addition, these 

regulations allow specifications to be 

specified for up to 3 years, subject to 

annual review. The regulations at 

§ 648.21 also specify that IOY for squid 

is equal to the combination of research 

quota (RQ) and DAH, with no TALFF 

specified for squid. For butterfish, the 

regulations specify that a butterfish 

bycatch TALFF will be specified only if 

TALFF is specified for mackerel. 

At its June 9–11, 2009, meeting in 

New York, NY, the Mid-Atlantic Fishery 

Management Council (Council) 

recommended 2010 MSB specifications. 

The recommended specifications for 

mackerel, Illex, Loligo, and butterfish 

are the same as those implemented in 

2009. For Loligo, the Council 

recommended a modification in 

accounting Trimester 1 quota underages. 

The Council also recommended 

increasing the minimum mesh size 

requirement for codend covers in the 

Loligo fishery. The Council submitted 

these recommendations, along with the 

required analyses, for agency review on 

August 10, 2009. A proposed rule for 

the 2010 MSB specifications and 

management measures was published 

on November 12, 2009 (74 FR 58234), 

and the public comment period for the 

proposed rule ended on December 14, 

2009. Details concerning the Council’s 

development of these measures were 

presented in the preamble of the 

proposed rule and are not repeated here. 

Final MSB Specifications and 

Management Measures for the 2010 

Fishing Year 

This action implements the following 

MSB specifications and management 

measures for the 2010 fishing year, 

which are described in detail below. 

TABLE 1—FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2010 

FISHING YEAR

Specifications Loligo Illex Mackerel Butterfish 

Max OY ............................................................................................................ 32,000 24,000 N/A 12,175 

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TABLE 1—FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2010 

FISHING YEAR—Continued 

Specifications Loligo Illex Mackerel Butterfish 

ABC .................................................................................................................. 19,000 24,000 156,000 1,500 

IOY3 ................................................................................................................. 1 18,667 24,000 2 115,000 3 485 

DAH ................................................................................................................. 18,667 24,000 4 115,000 485 

DAP .................................................................................................................. 18,667 24,000 100,000 485 

JVP .................................................................................................................. 0 0 0 0 

TALFF .............................................................................................................. 0 0 0 0 

1Excludes 333 mt for Research Set-Aside (RSA). 

2 IOY may be increased during the year, but the total ABC will not exceed 156,000 mt. 

3 Includes a 15,000 mt catch of Atlantic mackerel by the recreational fishery. 

4Excludes 15 mt for RSA. 

Atlantic Mackerel 

This action specifies the mackerel 

ABC at 156,000 mt, based on the 

formula ABC = T ¥ C. T is the yield 

(211,000 mt) associated with a fishing 

mortality rate (F) that is equal to the 

target F (F = 0.12); C is the estimated 

catch of mackerel in Canadian waters 

(55,000 mt) for the upcoming fishing 

year. Thus, 211,000 mt minus 55,000 mt 

results in the 2010 mackerel ABC of 

156,000 mt. This action also specifies 

the mackerel IOY at 115,000 mt, a level 

that can be fully harvested by the 

domestic fleet, thereby precluding the 

specification of TALFF while allowing 

the U.S. mackerel industry to expand. 

Because the harvesting ability and 

processing capacity exists, it is 

reasonable to assume that the 

commercial fishery will harvest 100,000 

mt of mackerel. Therefore, this action 

specifies the mackerel DAH at 115,000 

mt, which is the commercial harvest 

plus the 15,000 mt anticipated to be 

harvested by the recreational fishery. 

Because IOY = DAH, this specification 

is consistent with the Council’s 

recommendation that the level of IOY 

should not provide for TALFF. 

This action specifies the mackerel 

DAP at 100,000 mt and the mackerel 

JVP at zero. For the past 6 years, the 

Council has recommended zero JVP 

because the surplus between DAH and 

DAP has been declining as U.S. 

shoreside processing capacity for 

mackerel has expanded. The Council 

also heard from the industry that the 

availability (i.e., size, distribution, and 

abundance) of mackerel to the fishery, 

rather than processing capacity, has 

curtailed catch in recent years. Based on 

this information, the Council 

concluded, and NMFS concurs, that 

processing capacity is no longer a 

limiting factor relative to domestic 

production of mackerel. Consequently, 

if U.S. harvesters land mackerel in 

excess of 100,000 mt, and should the 

IOY be adjusted upward, U.S. 

processors have the capacity and intent 

to process it. 

Inseason Adjustment of the Mackerel 

IOY 

Regulations at § 648.21(e) provide that 

specifications may be adjusted inseason 

during the fishing year by the NMFS 

Northeast Regional Administrator 

(Regional Administrator), in 

consultation with the Council, by 

publishing a notice in the Federal 

Register and providing a 30-day public 

comment period. In 2010, as in 2009, 

NMFS’s Northeast Fishery Statistic 

Office will summarize mackerel 

landings from dealer reports on a 

weekly basis and post this information 

on the Northeast Regional Office Web 

site (http://www.nero.noaa.gov/). NMFS 

staff will closely monitor these landings 

and industry trends to determine if an 

inseason adjustment is necessary. If, 

using landings projections and all other 

available information, the Regional 

Administrator determines that 70 

percent of the Atlantic mackerel IOY 

will be landed during the 2010 fishing 

year, the Regional Administrator will 

make available additional quota for a 

total IOY of 156,000 mt of Atlantic 

mackerel for harvest during 2010. 

Additionally, if an inseason adjustment 

of the IOY is warranted, the Regional 

Administrator will notify the Council 

and the inseason adjustment will be 

published in the Federal Register. 

Atlantic Squids 

Loligo 

This action specifies the Loligo Max 

OY at 32,000 mt and the ABC, IOY, 

DAH, DAP at 19,000 mt. This is 

consistent with proxies for Loligo target 

and threshold fishing mortality rates, 

FTarget and FThreshold, which were revised 

through Amendment 9 to the FMP 

(Amendment 9) (73 FR 37382, July 1, 

2008) to reflect the analytical advice 

provided by the most recent Loligo stock 

assessment review committee (SARC 

34). The FMP does not authorize the 

specification of JVP and TALFF for the 

Loligo fishery because of the domestic 

industry’s capacity to harvest and 

process the OY for this fishery; 

therefore, there will be no JVP or TALFF 

in 2010. 

Distribution of the Loligo DAH 

As was done in 2007 to 2009, this 

action allocates the 2010 Loligo DAH 

into trimesters, consistent with the 

Council’s recommendation. The 

trimester allocations for 2010 are as 

follows: 

TABLE 2—TRIMESTER ALLOCATION OF

LOLIGO QUOTA IN 2010 

Trimester Percent Metric 

tons 1

I (Jan–Apr) ............. 43 8,027 

II (May–Aug) ........... 17 3,173 

III (Sep–Dec) .......... 40 7,467 

Total ................... 100 18,667 

1Trimester allocations after 333 mt RQ 

deduction. 

This action will split the distribution 

of Trimester I underages evenly between 

Trimester II and III if the underage is 

greater than 25 percent of the Trimester 

I quota. All other underages or overages 

will be applied to Trimester III. This 

method of underage distribution will 

prevent an underharvest of the annual 

quota, and distribute unharvested quota 

evenly throughout the year. 

Announcements of quota adjustments 

may be delayed up to 2 months after 

Trimester I ends due to inherent data 

processing time lag and late dealer 

reporting in the dealer reporting 

program. 

Changes to Loligo Codend Mesh Size 

Requirements 

This action will increase the ‘‘net 

strengthener’’/’’codend cover’’ minimum 

mesh requirement from 4.5 inches (11.3 

cm) to 5 inches (12.7 cm) (inside stretch 

measurement), consistent with the 

codend mesh size requirement currently 

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Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 5539 

required in another Mid-Atlantic fishery 

(scup). This increase should reduce 

bycatch of small squid and finfish in the 

Loligo fishery. 

Illex 

This action specifies the Illex Max 

OY, IOY, ABC, and DAH at 24,000 mt. 

The FMP does not authorize the 

specification of JVP or TALFF for the 

Illex fishery because of the domestic 

fishing industry’s capacity to harvest 

and to process the IOY from this fishery. 

Butterfish 

The status of the butterfish stock was 

most recently assessed in late 2004. 

That assessment concluded that, while 

overfishing of the stock is not occurring, 

the stock is overfished. Based on this 

information, the Council was notified by 

NMFS on February 11, 2005, that the 

butterfish stock was designated as 

overfished, pursuant to the 

requirements of section 304(e) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Council 

developed a rebuilding plan for the 

butterfish stock in Amendment 10 to the 

FMP (Amendment 10), which was 

approved October 7, 2009. A stock 

assessment was conducted in late 2009, 

but the results are not yet available. The 

Council recommended that the quota be 

restricted to recent landings levels to 

prevent an expansion of the fishery and 

to protect the rebuilding stocks. 

Therefore, in 2010, as implemented in 

2009, this action sets the Max OY at 

12,175 mt; the ABC at 1,500 mt; and the 

IOY, DAH, and DAP at 500 mt. Harvest 

at these levels should prevent 

overfishing of the butterfish stock in 

2010. Additionally, consistent with 

MSB regulations, the Council 

recommended, and this action is 

specifying, zero TALFF for butterfish in 

2010 because zero TALFF is specified 

for mackerel. 

Comments and Responses 

Comment: One comment letter was 

received that indicated that quotas for 

all four species should be cut in half, 

and that overfishing is occurring. 

Response: The most recent stock 

assessments for these species indicate 

that overfishing is not occurring for any 

of them, and that butterfish is the only 

species managed under the MSB Fishery 

Management Plan (FMP) that is 

overfished. This action specifies that the 

butterfish quota will remain at the 

reduced level of 500 mt in 2010 in order 

to curtail a directed butterfish fishery 

consistent with the rebuilding program 

for butterfish established by 

Amendment 10 to the MSB FMP. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this rule is consistent with the 

Atlantic Mackerel, Squid, and Butterfish 

FMP, other provisions of the MagnusonStevens Act, and other applicable law. 

This action is authorized by 50 CFR 

part 648 and has been determined to be 

not significant for purposes of Executive 

Order 12866 (E.O. 12866). 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act, has prepared 

a final regulatory flexibility analysis 

(FRFA), included in this final rule, in 

support of the 2009 MSB specifications 

and management measures. The FRFA 

describes the economic impact that this 

final rule, along with other nonpreferred alternatives, will have on 

small entities. 

The FRFA incorporates the economic 

impacts and analysis summarized in the 

IRFA, a summary of the significant 

issues raised by the public, and a 

summary of analyses prepared to 

support the action (i.e., the EA and the 

RIR). The contents of these documents 

are not repeated in detail here. A copy 

of the IRFA, the RIR, and the EA are 

available upon request (see ADDRESSES). 

A complete description of the reasons 

why this action is being considered, and 

the objectives of and legal basis for this 

action, is contained in the preamble to 

the proposed and final rules and is not 

repeated here. 

Statement of Need for This Action 

This action specifies 2010 

specifications and management 

measures for MSB fisheries and 

modifies existing management measures 

to improve the management of MSB 

fisheries. 

A Summary of the Significant Issues 

Raised by the Public Comments in 

Response to the IRFA, a Summary of the 

Assessment of the Agency of Such 

Issues, and a Statement of Any Changes 

Made in the Final Rule as a Result of 

Such Comments 

NMFS received one comment letter, 

but it was not related to the IRFA or the 

general economic effects of the 

proposed action. 

Description and Estimate of Number of 

Small Entities to Which the Rule Will 

Apply 

Based on permit data for 2008, the 

numbers of potential fishing vessels in 

the 2010 fisheries are as follows: 371 for 

Loligo/butterfish, 77 for Illex, 2,342 for 

mackerel, and 2,193 vessels with 

incidental catch permits for squid/ 

butterfish. There are no large entities 

participating in this fishery, as defined 

in section 601 of the RFA. Therefore, 

there are no disproportionate economic 

impacts on small entities. Many vessels 

participate in more than one of these 

fisheries; therefore, permit numbers are 

not additive. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

This action does not contain any new 

collection-of-information, reporting, 

recordkeeping, or other compliance 

requirements. It does not duplicate, 

overlap, or conflict with any other 

Federal rules. 

Description of the Steps the Agency Has 

Taken To Minimize the Significant 

Economic Impact on Small Entities 

Consistent With the Stated Objectives of 

Applicable Statutes, Including a 

Statement of the Factual, Policy, and 

Legal Reasons for Selecting the 

Alternative Adopted in the Final Rule 

and Why Each One of the Other 

Significant Alternatives to the Rule 

Considered by the Agency Which Affect 

the Impact on Small Entities Was 

Rejected 

Actions Implemented With the Final 

Rule 

The mackerel IOY specified in this 

action (115,000 mt, with 15,000 mt 

allocated to recreational catch) 

represents status quo, as compared to 

2009, and is no constraint to vessels 

relative to the landings in recent years. 

Mackerel landings for 2004–2006 

averaged 51,836 mt. Landings in 2007 

were 25,547 mt, and landings in 2008 

were 21,749 mt. This action also allows 

for an inseason adjustment, which 

would increase the IOY up to the ABC 

(156,000 mt), if landings approach the 

IOY early in the fishing year. Therefore, 

no reductions in revenues for the 

mackerel fishery are expected as a result 

of this action. 

The Loligo IOY (19,000 mt) specified 

in this action represents the status quo 

compared to the 2009. No reductions in 

revenues for the Loligo fishery are 

expected as a result of this action. 

The accounting methods for Loligo 

trimester underages implemented in this 

action will distribute any substantial 

underage in Trimester I (greater than 25 

percent of the Trimester I quota) evenly 

over the rest of the year. This method 

of transferring quota over to Trimester II 

from Trimester I may provide some 

economic benefits to this fishery 

compared to how the fishery was 

prosecuted under the 2008 and 2009 

specifications. 

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5540 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 

This action also increases the required 

minimum codend cover mesh size from 

4.5 inches (11.3 cm) to 5.0 inches (12.7 

cm) in the Loligo fishery. This mesh size 

increase is not expected to have a 

significant impact on landings since 

most of the selectivity occurs in the 

codend liner. Most vessels are equipped 

with nets meeting or exceeding the 

proposed codend minimum mesh size, 

so no negative impacts on revenues in 

this fishery are expected as a result of 

this action. 

The Illex IOY (24,000 mt) specified in 

this action represents status quo as 

compared to 2009. Implementation of 

this action would not result in a 

reduction in revenue or a constraint on 

expansion of the fishery in 2010. 

The butterfish IOY specified in this 

action (500 mt) represents status quo, as 

compared to 2009, and represents only 

a minimal constraint to vessels relative 

to the landings in recent years. Due to 

market conditions, there has not been a 

directed butterfish fishery in recent 

years; therefore, recent landings have 

been low. Given the lack of a directed 

butterfish fishery and low butterfish 

landings, this action is not expected to 

reduce revenues in this fishery more 

than minimally. 

Alternatives to the Actions in the Final 

Rule 

The Council analysis evaluated two 

alternatives for mackerel. The first 

alternative would have set the ABC at 

56,000 mt, IOY at 56,000 mt, and the 

second alternative would have set the 

ABC at 186,000 mt, IOY at 115,000 mt. 

Based on recent harvest levels, neither 

of the ABC and IOY alternatives 

represents a constraint on vessels in this 

fishery. However, the ABC of 56,000 mt 

in the first alternative could result in 

foregone revenue if mackerel is 

available to the fishery. 

For Loligo, alternatives to this action 

would have set the Max OY at 32,000 

mt and ABC, IOY, DAH, and DAP at 

19,000 mt. The alternatives differed 

from this action in how Trimester 

underages and overages were applied to 

the following Trimester quotas. The first 

alternative is the status quo, and would 

have continued to transfer Trimester I 

and II overages or underages to 

Trimester III. The second alternative 

would make the full amount of a 

Trimester I underage available to 

Trimester II. This action distributes any 

substantial underage in Trimester I 

(greater than 25 percent of the Trimester 

I quota) evenly over the rest of the year, 

which may positively impact Loligo 

stocks, and prevent an underharvest of 

the annual quota. 

For Illex, one alternative was 

considered, which would have set the 

ABC, IOY, DAH, and DAP at 19,000 mt 

rather than 24,000 mt. This quota was 

used between 1997 and 1999, and was 

associated with the SAW 21 stock 

assessment from 1996. However, this 

alternative would still allow harvest in 

excess of recent landings in this fishery. 

For butterfish, two alternatives were 

considered. The first would have set 

Max OY at 12,175 mt; ABC at 4,525 mt; 

and IOY, DAH, and DAP 1,861 mt; 

which is equivalent to the 2005–2007 

specifications. The second alternative 

would have set Max OY at 12,175 mt; 

ABC at 9,131 mt; and IOY, DAH, and 

DAP at 3,044 mt. The amounts in this 

alternative represent the specifications 

that would result from the application 

of the F target control rule if the 

butterfish stock was declared rebuilt, 

and was included due to the potential 

for rapid rebuilding in the butterfish 

stock. However, this alternative would 

likely result in overfishing and the 

additional depletion of the spawning 

stock biomass of an overfished species. 

None of these alternatives represent a 

constraint on vessels in this fishery or 

would reduce revenues in the fishery. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity compliance 

guides.’’ The agency shall explain the 

actions a small entity is required to take 

to comply with a rule or group of rules. 

As part of this rulemaking process, a 

small entity compliance guide was 

prepared. The guide will be sent to all 

holders of permits issued for the MSB 

fisheries. In addition, copies of this final 

rule and guide (i.e., permit holder letter) 

are available from the Regional 

Administrator and are also available 

from NMFS, Northeast Region (see 

ADDRESSES). 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: January 28, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.21, paragraph (f)(2) is 

revised to read as follows: 

§ 648.21 Procedures for determining initial 

annual amounts. 

* * * * * 

(f) * * * 

(2) Any underages of commercial 

period quota for Trimester I that are 

greater than 25 percent of the Trimester 

I quota will be divided in half, with one 

portion applied to Trimester II, and one 

portion applied to Trimester III of the 

same year. Any underages of 

commercial period quota for Trimester I 

that are less than 25 percent of the 

Trimester I quota will be applied to 

Trimester III of the same year. Any 

overages of commercial quota for 

Trimesters I and II will be subtracted 

from Trimester III of the same year. 

* * * * * 

■ 3. In § 648.22, paragraph (a)(2)(i) is 

added, and paragraph (a)(2)(ii) is added 

and reserved to read as follows: 

§ 648.22 Closure of the fishery. 

(a) * * * 

(2) * * * 

(i) If the Regional Administrator 

determines that the Trimester I closure 

threshold has been underharvested by 

25 percent or more, then the amount of 

the underharvest shall be reallocated to 

Trimester II and Trimester III in equal 

amounts, through notice in the Federal 

Register. 

(ii) [Reserved] 

* * * * * 

■ 4. In § 648.23, paragraph (a)(3)(i) is 

revised to read as follows: 

§ 648.23 Gear restrictions. 

(a) * * * 

(3) * * * 

(i) Net obstruction or constriction. 

Owners or operators of otter trawl 

vessels fishing for and/or possessing 

Loligo shall not use any device, gear, or 

material, including, but not limited to, 

nets, net strengtheners, ropes, lines, or 

chafing gear, on the top of the regulated 

portion of a trawl net that results in an 

effective mesh opening of less than 17/ 

8 inches (48 mm) diamond mesh, inside 

stretch measure. ‘‘Top of the regulated 

portion of the net’’ means the 50 percent 

of the entire regulated portion of the net 

that would not be in contact with the 

ocean bottom if, during a tow, the 

regulated portion of the net were laid 

flat on the ocean floor. However, owners 

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or operators of otter trawl vessels fishing 

for and/or possessing Loligo may use net 

strengtheners (covers), splitting straps, 

and/or bull ropes or wire around the 

entire circumference of the codend, 

provided they do not have a mesh 

opening of less than 5 inches (12.7 cm) 

diamond mesh, inside stretch measure. 

For the purpose of this requirement, 

head ropes are not to be considered part 

of the top of the regulated portion of a 

trawl net. 

* * * * * 

[FR Doc. 2010–2282 Filed 2–2–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XU20 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Inshore Component 

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 cod by vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allocation of the 2010 total allowable 

catch (TAC) of Pacific cod apportioned 

to vessels catching Pacific cod for 

processing by the inshore component of 

the Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 31, 2010, through 

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

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 A season allocation of the 2010 

TAC of Pacific cod apportioned to 

vessels catching Pacific cod for 

processing by the inshore component of 

the Central Regulatory Area of the GOA 

is 19,862 metric tons (mt) as established 

by the final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2010) and 

inseason adjustment (74 FR 68713, 

December 29, 2009). 

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

the Regional Administrator has 

determined that the A season allocation 

of the 2010 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 17,862 mt, and is setting 

aside the remaining 2,000 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 Pacific cod by 

vessels catching Pacific cod for 

processing by the inshore component 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) 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 cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of 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 January 28, 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: January 29, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–2257 Filed 1–29–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–0040–03] 

RIN 0648–XL28 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Final 2009 and 2010 

Harvest Specifications for Groundfish; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correcting amendment. 

SUMMARY: On February 17, 2009, NMFS 

published the final 2009 and 2010 

harvest specifications for groundfish of 

the Bering Sea and Aleutian Islands 

(BSAI) management area. Table 8c of 

that document contained the final 2009 

and 2010 prohibited species bycatch 

allowances for the BSAI trawl limited 

access sector and non-trawl fisheries of 

the BSAI management area. That table 

contained an error that is corrected in 

this rule. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.) February 3, 2010, through 

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

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the Fisheries Management 

Plan (FMP) for groundfish of the BSAI 

and govern the groundfish fisheries in 

the BSAI. The North Pacific Fishery 

Management Council (Council) 

prepared the FMP, and NMFS approved 

it under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). General 

regulations governing U.S. fisheries also 

appear at 50 CFR part 600. 

On February 17, 2009 (74 FR 7359) 

NMFS published harvest specifications 

WReier-Aviles on DSKGBLS3C1PROD with RULES