Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 54791 

Authority: 47 U.S.C. 901 et seq., Executive 

Order 12046 (March 27, 1978), 43 FR 13349, 

3 CFR 1978 Comp., p. 158. 

■ 2. Section 300.1 (b) is revised to read 

as follows: 

§ 300.1 Incorporation by reference of the 

Manual of Regulations and Procedures for 

Federal Radio Frequency Management. 

* * * * * 

(b) The federal agencies shall comply 

with the requirements set forth in the 

January 2008 edition of the NTIA 

Manual, as revised through May 2010, 

which is incorporated by reference with 

approval of the Director, Office of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

* * * * * 

Dated: September 2, 2010. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2010–22411 Filed 9–8–10; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No.100218107–0199–01] 

RIN 0648–XY08 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #9, #10, 

and #11 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons, 

gear restrictions, and landing and 

possession limits; request for comments. 

SUMMARY: NOAA Fisheries announces 

three inseason actions in the ocean 

salmon fisheries. Inseason actions #9 

and #11 modified the commercial 

fishery in the area from U.S./Canada 

Border to Cape Falcon, Oregon. Inseason 

action #10 modified the recreational 

fishery in the areas from U.S. Canada 

Border to Cape Alava (Neah Bay 

Subarea), Cape Alava to Queets River 

(La Push Subarea), and Queets River to 

Leadbetter Point (Westport Subarea). 

DATES: Inseason action #9 was effective 

on July 16, 2010. Inseason action #10 

was effective on July 23, 2010. Inseason 

action #11 was effective on July 30, 

2010. Inseason actions #9, #10, and #11 

remain in effect until the closing date of 

the 2010 salmon season announced in 

the 2010 annual management measures 

or through additional inseason action. 

Comments will be accepted through 

September 24, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XY08, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• Fax: 206–526–6736, Attn: Peggy 

Busby 

• Mail: 7600 Sand Point Way NE, 

Building 1, Seattle, WA, 98115 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Busby, by phone at 206–526– 

4323. 

SUPPLEMENTARY INFORMATION: In the 

2010 annual management measures for 

ocean salmon fisheries (75 FR 24482, 

May 5, 2010), NMFS announced the 

commercial and recreational fisheries in 

the area from the U.S./Canada Border to 

the U.S./Mexico Border, beginning May 

1, 2010. 

The Regional Administrator (RA) 

consulted with representatives of the 

Council, Washington Department of 

Fish and Wildlife, and Oregon 

Department of Fish and Wildlife on July 

15, 2010. The information considered 

during this consultation related to 

Chinook and coho salmon catch to date 

and Chinook and coho salmon catch 

rates compared to quotas and other 

management measures established 

preseason. 

Inseason action #9 increased the 

landing and possession limits for the 

commercial salmon fishery from the 

U.S./Canada Border to Cape Falcon, 

Oregon. The open period landing and 

possession limits of 40 Chinook salmon 

and 30 coho per vessel, imposed by 

inseason action #6 (75 FR 51183, August 

19, 2010), were increased to 60 Chinook 

salmon and 50 coho per vessel north of 

Leadbetter Point or 60 Chinook salmon 

and 50 coho per vessel south of 

Leadbetter Point. This action was taken 

because salmon catch rates had been 

lower than expected due to poor 

weather conditions that had limited 

fishery participation. There was concern 

that if landing and possession limits 

were not increased there would be lost 

opportunity to utilize available salmon 

quota. On July 15, 2010, the states 

recommended this action and the RA 

concurred; inseason action #9 took 

effect on July 16, 2010. Modification of 

quota and/or fishing seasons is 

authorized by 50 CFR 660.409(b)(1)(i). 

The RA consulted with 

representatives of the Council, 

Washington Department of Fish and 

Wildlife, and Oregon Department of 

Fish and Wildlife on July 20, 2010. The 

information considered during this 

consultation related to catch to date for 

Chinook and coho salmon and Chinook 

and coho salmon catch rates compared 

to quotas and other management 

measures established preseason for the 

recreational fishery. 

Inseason action #10 modified fishery 

openings in the recreation fisheries in 

Neah Bay, La Push, and Westport 

subareas. Openings described in the 

2010 annual management measures 

were Tuesday through Saturday for 

Neah Bay and La Push subareas, and 

Sunday through Thursday for the 

Westport subarea. Inseason action #10 

changed these 5–day openings to 7–day 

openings. This action was taken to 

provide more opportunity for 

recreational fishing as fishing effort had 

been low, due largely to poor weather 

conditions. Low fishing effort resulted 

in unutilized Chinook and coho salmon 

quota in these subareas. On July 20, 

2010, the states recommended this 

action and the RA concurred; inseason 

action #10 took effect on July 23, 2010. 

Modification of quota and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

The RA consulted with 

representatives of the Council, 

Washington Department of Fish and 

Wildlife, and Oregon Department of 

Fish and Wildlife on July 29, 2010. The 

information considered during this 

consultation related to catch to date for 

Chinook and coho salmon and Chinook 

and coho salmon catch rates compared 

to quotas and other management 

measures established preseason for the 

fishery. 

Inseason action #11 increased the 

landing and possession limit for 

Chinook salmon in the commercial 

salmon fishery from the U.S./Canada 

Border to Cape Falcon, Oregon; 


jlentini on DSKJ8SOYB1PROD with RULES
54792 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 

superseding the limit established by 

inseason action #9. The open period 

landing and possession limit of 60 

Chinook salmon per vessel, imposed by 

inseason action #9, was increased to 75 

Chinook salmon per vessel. No change 

was made to the open period limit of 50 

coho per vessel. Inseason action #11 

also modified the commercial fishery 

openings north of Cape Falcon that were 

scheduled Saturday through Tuesday, 

beginning July 31, 2010; openings will 

instead be Friday through Tuesday, 

beginning July 30, 2010. This action was 

taken because salmon catch rates had 

been lower than expected due to poor 

weather conditions that had limited 

fishery participation. There was concern 

that if the landing and possession limit 

for Chinook salmon was not increased 

there would be lost opportunity to 

utilize available salmon quota. On July 

29, 2010, the states recommended this 

action and the RA concurred; inseason 

action #11 took effect on July 30, 2010. 

Modification of quota and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2010 Ocean Salmon Fisheries and 

previous inseason actions. 

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason actions 

recommended by the states. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone in accordance 

with these Federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice of the 

described regulatory actions was given, 

prior to the date the action was 

effective, by telephone hotline number 

206–526–6667 and 800–662–9825, and 

by U.S. Coast Guard Notice to Mariners 

broadcasts on Channel 16 VHF-FM and 

2182 kHz. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (75 FR 24482, May 5, 2010), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

had insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data were 

collected to determine the extent of the 

fisheries, and the time the fishery 

modifications had to be implemented in 

order to ensure that fisheries are 

managed based on the best available 

scientific information, thus allowing 

fishers access to the available fish at the 

time the fish were available while 

ensuring that quotas are not exceeded. 

The AA also finds good cause to waive 

the 30–day delay in effectiveness 

required under U.S.C. 553(d)(3), as a 

delay in effectiveness of these actions 

would allow fishing at levels 

inconsistent with the goals of the 

Salmon Fishery Management Plan and 

the current management measures. 

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

exempt from review under Executive 

Order 12866. 

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

Dated: September 3, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–22520 Filed 9–8–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XY84 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea and Aleutian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of the 2010 

pollock incidental catch allowance 

(ICA) to the directed fisheries in the 

Bering Sea subarea. This action is 

necessary to provide opportunity for 

harvest of the 2010 total allowable catch 

(TAC) of pollock, consistent with the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). 

DATES: Effective September 3, 2010, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands 

Management Area (BSAI) according to 

the 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. 

In the Bering Sea subarea, the portion 

of the 2010 pollock TAC allocated to the 

ICA is 29,268 mt as established by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010). 

As of September 2, 2010, the 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) has 

determined that the ICA has been set too 

high: 4,500 mt of the 2010 pollock ICA 

in the Bering Sea subarea will not be 

harvested. Therefore, in accordance 

with § 679.20(a)(5)(i)(A)(1), NMFS 

reallocates 4,500 mt of the 2010 pollock 

ICA to the directed fisheries in the 

Bering Sea subarea. 

As a result, in accordance with 

§ 679.20(a)(5)(i)(A)(3), (4), and (5), the 

2010 harvest specifications for pollock 

in the Bering Sea subarea included in 

the final harvest specifications for 

groundfish in the BSAI (75 FR 11778, 

March 12, 2010) are revised as follows: 

24,768 mt to the pollock ICA, 212,980 

mt to B season AFA catcher vessels 

harvesting pollock for processing by 

AFA inshore processors, 170,384 mt to 

B season AFA catcher/processors and 

AFA catcher vessels delivering pollock 

to catcher/processors, and 42,596 mt to 

B season AFA catcher vessels harvesting 

pollock for processing by AFA 

motherships. This will enhance the 

socioeconomic well-being of harvesters 

dependent upon Pacific cod in this area. 

The Regional Administrator considered 

the following factors in reaching this 

decision: (1) The current catch of Pacific 

cod by the applicable BSAI sectors and, 

(2) the harvest capacity and stated intent 

on future harvesting patterns of vessels 

in the sectors participating in this 

fishery. 

Furthermore, pursuant to 

§ 679.20(a)(5)(i), Table 3 of the final 

2010 and 2011 final harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010) is 


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