55690 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 

prior notice and opportunity for public 

comment. 

This action is required by § 679.91 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 9, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–22868 Filed 9–9–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XZ01 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating 

projected unused amounts of Pacific cod 

from catcher vessels using trawl gear to 

American Fisheries Act catcher/ 

processors and the Amendment 80 

cooperative in the Bering Sea and 

Aleutian Islands management area. 

These actions are necessary to allow the 

2010 total allowable catch of Pacific cod 

established for trawl catcher vessels to 

be harvested. 

DATES: Effective September 9, 2010, 

until 2400 hours, 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 Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(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. 

The 2010 Pacific cod total allowable 

catch (TAC) in the BSAI is 168,780 

metric tons (mt) as established by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

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

Pursuant to ’ 679.20(a)(7)(ii), the 

allocations of the Pacific cod TAC are 

3,467 mt to American Fisheries Act 

(AFA) trawl catcher/processors and 

16,878 mt to the Amendment 80 

cooperative. The allocation to catcher 

vessels using trawl gear is 32,809 mt 

after one reallocation (75 FR 52478, 

August 26, 2010). 

As of September 8, 2010 the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that catcher vessels using 

trawl gear will not be able to harvest 

4,000 mt of Pacific cod allocated to 

those vessels under ’ 679.20(a)(7)(ii). 

The Regional Administrator has 

determined that the projected 

unharvested amount is unlikely to be 

harvested by any of the other catcher 

vessel sectors described in 

§ 679.20(a)(7)(iii)(A). Therefore, in 

accordance with § 679.20(a)(7)(iii)(B), 

NMFS apportions 600 mt of Pacific cod 

from catcher vessels using trawl gear to 

AFA trawl/catcher processors and 3,400 

mt of Pacific cod from catcher vessels 

using trawl gear to the Amendment 80 

cooperative. 

The allocations for Pacific cod 

specified in the final 2010 and 2011 

final harvest specifications for 

groundfish in the BSAI (75 FR 11778, 

March 12, 2010) and one reallocation 

(75 FR 52478, August 26, 2010) are 

revised as follows: 4,067 mt to AFA 

catcher/processors using trawl gear, 

20,278 mt to the Amendment 80 

cooperative, and 28,809 mt to catcher 

vessels using trawl gear. 

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. 

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 reallocation of Pacific cod. 

Since the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

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 as well as 

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 8, 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 9, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–22871 Filed 9–9–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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