[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Rules and Regulations]
[Pages 56016-56017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23020]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XZ05


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.

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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 2010 Pacific total allowable catch 
(TAC) 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.), September 13, 
2010, through 2400 hrs, A.l.t., December 31, 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 Magnuson-
Stevens Fishery Conservation and

[[Page 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 Sec.  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 Sec.  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 Sec.  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 Sec.  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]
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