Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 56017 

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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The 2010 Pacific cod TAC 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA is 33,104 metric tons 

(mt), as established by the final 2010 

and 2011 harvest specifications for 

groundfish of the GOA (75 FR 11749, 

March 12, 2010). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the 2010 Pacific cod 

TAC 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 31,604 mt, and is setting 

aside the remaining 1,500 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. 

This inseason action does not apply to 

vessels fishing under a cooperative 

quota permit in the cooperative fishery 

in the Rockfish Program for the Central 

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 directed fishing closure of 

Pacific cod by vessels catching Pacific 

cod for processing by the inshore 

component 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 September 9, 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: September 10, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–23020 Filed 9–10–10; 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–XZ06 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shallow-Water 

Species by Vessels Using Trawl Gear 

in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for shallow-water species by 

vessels using trawl gear in the Gulf of 

Alaska (GOA). This action is necessary 

to fully use the fourth seasonal 

apportionment of the 2010 Pacific 

halibut bycatch allowance specified for 

the trawl shallow-water species fishery 

in of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 11, 2010, 

through 1200 hrs, A.l.t., October 1, 

2010. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 27, 2010. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

XZ06, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. No comments will be 

posted to http://www.regulations.gov for 

public viewing until after the comment 

period has closed. Comment will 

generally be posted 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: 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. 

NMFS prohibited directed fishing for 

shallow-water species by vessels using 

trawl gear in the GOA under 

§ 679.21(d)(7)(i) on September 3, 2010 

(75 FR 54290, September 7, 2010). 

NMFS has determined that 

approximately 132 mt remain in the 

fourth seasonal apportionment of the 

2010 Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA. Therefore, 

in accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully 

utilize the fourth seasonal 

apportionment of the 2010 Pacific 

halibut bycatch allowance specified for 

the trawl shallow-water species fishery 

in the GOA, NMFS is terminating the 

previous closure and is opening 

directed fishing for trawl shallow-water 

species by vessels using trawl gear in 

the GOA. This will enhance the 

socioeconomic well-being of harvesters 

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56018 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

dependent upon shallow-water species 

in the GOA. The Regional Administrator 

considered the following factors in 

reaching this decision: (1) the current 

catch of shallow-water species in the 

GOA, (2) the current catch of 2010 

Pacific halibut bycatch allowance 

specified for this fishery, and (3) the 

harvest capacity and stated intent on 

future harvesting patterns of vessels in 

participating in this fishery. 

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 opening of directed fishing for 

trawl shallow-water species by vessels 

using trawl gear in the GOA. Immediate 

notification is necessary to allow for the 

orderly conduct and efficient operation 

of this fishery, to allow the industry to 

plan for the fishing season, and to avoid 

potential disruption to the fishing fleet 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 9, 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. 

Without this inseason adjustment, 

NMFS could not allow trawl shallowwater species to be harvested in an 

expedient manner and in accordance 

with the regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

September 27, 2010. 

This action is required by§ 679.21 and 

§ 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 10, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–23021 Filed 9–10–10; 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–XZ04 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in 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 pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2010 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 10, 2010, 

through 1200 hrs, A.l.t., October 1, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 C season allowance of the 2010 

TAC of pollock in Statistical Area 610 

of the GOA is 7,577 metric tons (mt) as 

established by the final 2010 and 2011 

harvest specifications for groundfish of 

the GOA (75 FR 11749, March 12, 2010). 

In accordance with § 679.20(a)(5)(iv)(B) 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

increases the C season pollock 

allowance by 1,138 mt to reflect the 

total amount of pollock TAC that has 

been caught prior to the C season in 

Statistical Area 610. Therefore, the 

revised C season allowance of the 

pollock TAC in Statistical Area 610 is 

8,715 mt (7,577 mt plus 1,138 mt). 

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

the Regional Administrator has 

determined that the C season allowance 

of the 2010 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 8,615 mt, and is 

setting aside the remaining 100 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 pollock in Statistical 

Area 610 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 pollock in 

Statistical Area 610 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 September 

9, 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: September 10, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–23025 Filed 9–10–10; 4:15 pm] 

BILLING CODE 3510–22–S 

mstockstill on DSKH9S0YB1PROD with RULES