[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Rules and Regulations]
[Pages 61638-61639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25162]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XZ38


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 630 in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an inseason adjustment prohibiting directed 
fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) 
36 hours after opening directed fishing for pollock, effective 2400 
hrs, Alaska local time (A.l.t.), October 2, 2010. This adjustment is 
necessary to manage the pollock total allowable catch limit in 
Statistical Area 630 of the GOA.

DATES: Effective 2400 hrs, Alaska local time (A.l.t.), October 2, 2010, 
through 2400 hrs, A.l.t., December 31, 2010. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., October 18, 
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-
XZ38, by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at http://www.regulations.gov.
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: (907) 586-7557.
    <bullet> 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. Comments 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: 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 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 total allowable catch (TAC) of pollock in Statistical Area 
630 of the GOA is 19,118 metric tons (mt) as established by the final 
2010 and 2011 harvest specifications for groundfish of the GOA (75 FR 
11749, March 12, 2010).
    As of September 29, 2010, approximately 5,700 mt of pollock remain 
in the 2010 TAC for pollock in Statistical Area 630. The D season 
allowance of the pollock TAC in Statistical Area 630 is 5,912 mt for 
the period beginning October 1, 2010 through November 1, 2010. Section 
679.23(b) specifies that the time of all openings and closures of 
fishing seasons other than the beginning and end of the calendar 
fishing year is 1200 hrs, A.l.t. Current information shows the catching 
capacity of vessels catching pollock in Statistical Area 630 of the GOA 
is in excess of 4,000 mt per day. The Administrator, Alaska Region, 
(Regional Administrator) has determined that the pollock TAC could be 
exceeded if a 48-hour fishery were allowed to occur. NMFS intends that 
the TAC not be exceeded and, therefore, will not allow a 48-hour 
directed fishery. NMFS, in accordance with Sec.  679.25(a)(1)(i), is 
issuing an inseason adjustment prohibiting directed fishing for pollock 
in Statistical Area 630 of the GOA by closing the fishery at 2400 hrs, 
A.l.t., October 2, 2010. This action has the effect of opening the 
fishery for 36 hours. NMFS is taking this action to allow a controlled 
fishery to occur, thereby preventing the overharvest of the pollock 
TAC. In accordance with Sec.  679.25(a)(2)(iii), NMFS has determined 
that prohibiting directed fishing at 2400 hrs, A.l.t., October 2, 2010, 
after a 36 hour opening is the least restrictive management adjustment 
to achieve the pollock TAC and will allow other fisheries to continue 
in noncritical areas and time periods. The Regional Administrator 
considered the following factors in reaching this decision: (1) The 
current catch of pollock in Statistical Area 630 of the GOA and, (2) 
the harvest capacity and stated intent on future harvesting patterns of 
vessels in participating in this fishery.
    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 closure of pollock directed fishing in Statistical Area 
630 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, 29, 2010. NMFS will be accepting comments 
after the effective date of this closure (See DATES).
    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.

[[Page 61639]]

    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 30, 2010.
Carrie Selberg,
Acting Director,
    Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-25162 Filed 10-1-10; 4:15 pm]
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