Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 5541 

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 

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