59156 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

500 lb (226.8 kg) of all flounders, no 

more than 500 lb (226.8 kg) of monkfish, 

and no more than 500 lb (226.8 kg) of 

skates), and possession of lobsters is 

prohibited. Therefore, common pool 

vessels fishing any part of a trip in any 

part of the U.S./Canada Management 

Area (Eastern or Western Areas) are 

restricted to these catch limits for the 

duration of that trip, and, of the 500 lb 

(226.8 kg) of flounders, no more than 

100 lb ( 45.4 kg) may be GB yellowtail 

flounder. 

Catch will be closely monitored 

through dealer-reported landings, VMS 

catch reports, and other available 

information. Further inseason 

adjustments to increase or decrease the 

trip limits, or to adjust differential DAS 

measures, may be considered, based on 

updated catch data and projections. 

Conversely, if the common pool subACL is projected to be under-harvested 

by the end of FY 2010, in-season 

adjustments to increase the trip limit for 

the remainder of FY2010 will be 

considered. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

notice, comment, and a delayed 

effectiveness would be impracticable 

and contrary to the public interest. The 

regulations under §§ 648.86(o) and 

648.85(a)(3)(iv)(D) grant the RA the 

authority to adjust NE multispecies trip 

limits and implement gear restrictions 

in the U.S./Canada Management Area to 

prevent over-harvesting or underharvesting the common pool sub-ACLs. 

This action will implement more 

restrictive trip limits for GOM cod, GB 

yellowtail flounder, and white hake in 

order to ensure that the common pool 

sub-ACLs are not overharvested, and 

that the biological and economic 

objectives of the FMP are met. It is 

important to take this action 

immediately because, based on current 

data and projections, continuation of the 

status quo trip limits will result in 

reaching the respective common pool 

sub-ACLs prior to the end of the FY. 

Inseason adjustments in FY 2010 have 

already reduced the landing limits for 

GOM cod (July 30, 2010) and GB 

yellowtail flounder (May 27, 2010), 

implemented a gear restriction in most 

of the Western U.S./Canada Area (July 

30, 2010), and implemented differential 

DAS counting in the GOM and GB to 

minimize the chance of exceeding the 

sub-ACL for GOM cod and white hake, 

as well as other stocks (September 2, 

2010). Attainment of any of the common 

pool sub-ACLs prior to the end of the 

FY on April 30, 2011, would result in 

AMs being put in place for the common 

pool in FY 2011. These restrictions 

could result in the loss of yield of other 

valuable species caught by vessels in the 

common pool. The information that is 

the basis for this action includes recent 

catch data that only recently became 

available. The time necessary to provide 

for prior notice and comment, and 

delayed effectiveness for this action, 

would prevent NMFS from 

implementing a reduced trip limit and 

additional gear restrictions in a timely 

manner. A resulting delay in the 

curtailment of the catch rate of these 

three stocks could result in less revenue 

for the fishing industry and be counter 

to the objective of achieving optimum 

yield from the fishery. 

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

Dated: September 21, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–24188 Filed 9–22–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 0912281446–0111–02] 

RIN 0648–XY79 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Closure 

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 sardine off the coasts 

of Washington, Oregon and California. 

This action is necessary because the 

directed harvest allocation total for the 

third seasonal period (September 15 

December 31) is projected to be reached 

by the effective date of this rule. From 

the effective date of this rule until 

January 1, 2011, Pacific sardine can only 

be harvested as part of the live bait 

fishery or incidental to other fisheries; 

the incidental harvest of Pacific sardine 

is limited to 30–percent by weight of all 

fish per trip. Fishing vessels must be at 

shore and in the process of offloading at 

12:01 am Pacific Daylight Time on date 

of closure. 

DATES: Effective 12:01 am Pacific 

Daylight Time (PDT) September 24, 

2010, through December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: This 

document announces that based on the 

best available information recently 

obtained from the fishery and 

information on past effort, the directed 

fishing harvest allocation for the third 

allocation period (September 15 

December 31) will be reached and 

therefore directed fishing for Pacific 

sardine is being closed until January 1, 

2011. Fishing vessels must be at shore 

and in the process of offloading at the 

time of closure. From 12:01 am on the 

date of closure through December 31, 

2010, Pacific sardine may be harvested 

only as part of the live bait fishery or 

incidental to other fisheries, with the 

incidental harvest of Pacific sardine 

limited to 30–percent by weight of all 

fish caught during a trip. 

NMFS manages the Pacific sardine 

fishery in the U.S. exclusive economic 

zone (EEZ) off the Pacific coast 

(California, Oregon, and Washington) in 

accordance with the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP). Annual specifications published 

in the Federal Register establish the 

harvest guideline (HG) and allowable 

harvest levels for each Pacific sardine 

fishing season (January 1 - December 

31). If during any of the seasonal 

allocation periods the applicable 

adjusted directed harvest allocation is 

projected to be taken, only incidental 

harvest is allowed and, for the 

remainder of the period, any incidental 

Pacific sardine landings will be counted 

against that period’s incidental set 

aside. In the event that an incidental setaside is projected to be attained, all 

fisheries will be closed to the retention 

of Pacific sardine for the remainder of 

the period via appropriate rulemaking. 

Under 50 CFR 660.509, if the total HG 

or these apportionment levels for Pacific 

sardine are reached at any time, NMFS 

is required to close the Pacific sardine 

fishery via appropriate rulemaking and 

it is to remain closed until it re-opens 

either per the allocation scheme or the 

beginning of the next fishing season. In 

accordance with § 660.509 the Regional 

Administrator shall publish a notice in 

the Federal Register announcing the 

date of the closure of the directed 

fishery for Pacific sardine. 

The above in-season harvest 

restrictions are not intended to affect the 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59157 

prosecution of the live bait portion of 

the Pacific sardine fishery. 

Classification 

This action is required by 50 CFR 

660.509 and is exempt from Office of 

Management and Budget review under 

Executive Order 12866. 

NMFS 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) for the closure of the 

directed harvest of Pacific sardine. For 

the reasons set forth below, notice and 

comment procedures are impracticable 

and contrary to the public interest. For 

the same reasons, NMFS also finds good 

cause under 5 U.S.C. 553(d)(3) to waive 

the 30–day delay in effectiveness for 

this action. This measure responds to 

the best available information and is 

necessary for the conservation and 

management of the Pacific sardine 

resource. A delay in effectiveness would 

cause the fishery to exceed the in-season 

harvest level. These seasonal harvest 

levels are important mechanisms in 

preventing overfishing and managing 

the fishery at optimum yield. The 

established directed and incidental 

harvest allocations are designed to allow 

fair and equitable opportunity to the 

resource by all sectors of the Pacific 

sardine fishery and to allow access to 

other profitable CPS fisheries, such as 

squid and Pacific mackerel. Many of the 

same fishermen who harvest Pacific 

sardine rely on these other fisheries for 

a significant portion of their income. 

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

Dated: September 22, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–24190 Filed 9–22–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XZ27 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Pot Gear 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by pot catcher/ 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2010 Pacific cod 

total allowable catch (TAC) specified for 

pot catcher/processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 23, 2010, 

through 2400 hrs, A.l.t., December 31, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 TAC allocated as 

a directed fishing allowance to pot 

catcher/processors in the BSAI is 2,248 

metric tons as established by the final 

2010 and 2011 harvest specifications for 

groundfish in the BSAI (75 FR 11778, 

March 12, 2010). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the 2010 

Pacific cod TAC allocated as a directed 

fishing allowance to pot catcher/ 

processors in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by pot catcher/processors in the 

BSAI. 

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 by pot 

catcher/processors in the BSAI. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

21, 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 22, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–24191 Filed 9–22–10; 4:15 am] 

BILLING CODE 3510–22–S 

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