Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64171 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: October 14, 2010. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2010–26311 Filed 10–18–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XY49 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2010 Gulf of Mexico Commercial 

Sector for Greater Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for greater amberjack in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico (Gulf). NMFS has 

determined that the commercial greater 

amberjack quota will have been reached 

by October 28, 2010. This closure is 

necessary to prevent overfishing of Gulf 

greater amberjack. 

DATES: Closure is effective 12:01 a.m., 

local time, October 28, 2010, until 12:01 

a.m., local time, on January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–551– 

5727, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. The regulations set 

the commercial quota for greater 

amberjack in the Gulf at 503,000 lb 

(228,157 kg), round weight, however in 

2009, the commercial quota was 

exceeded by 129,928 lb (58,934 kg), and, 

therefore, a reduced quota of 373,072 lb 

(169,222 kg) was implemented for the 

2010 fishing year. 

Background 

Constraining harvest to the quota is 

crucial to meeting the legal 

requirements to prevent and end 

overfishing and rebuild greater 

amberjack in the Gulf. On August 4, 

2008, new fishing regulations were 

implemented by NMFS (73 FR 38139) to 

reduce the harvest and discard of greater 

amberjack in the Gulf reef fish fishery. 

Regulatory changes for commercial 

greater amberjack included 

implementing a quota of 503,000 lb 

(228,157 kg), round weight and 

accountability measures. 

The accountability measures state, as 

described in § 622.49(a)(1)(i), when the 

applicable commercial quota is reached, 

or projected to be reached, the Assistant 

Administrator for Fisheries, NOAA 

(AA), will close the commercial sector 

of greater amberjack for the remainder of 

the fishing year. If despite such closure, 

commercial landings exceed the quota, 

the AA will reduce the quota the year 

following an overage by the amount of 

the overage of the prior fishing year. 

NMFS published a temporary rule on 

June 22, 2010 (75 FR 35335) to 

implement the 2010 accountability 

measures for Gulf greater amberjack, 

including a reduced 2010 commercial 

quota and an estimated season length 

for the 2010 recreational sector. In 2009, 

the commercial sector of greater 

amberjack was closed on November 7, 

when the commercial quota of 503,000 

lb (228,157 kg) was determined to be 

reached. Finalized 2009 commercial 

landings data determined the 

commercial quota was exceeded by 25.8 

percent, or 129,928 lb (58,934 kg). 

Therefore, in accordance with the 

accountability measures, the reduced 

2010 commercial quota for Gulf greater 

amberjack is 373,072 lb (169,222 kg). 

Under 50 CFR 622.43(a), NMFS is 

required to close harvest for a species or 

species group when the quota for that 

species or species group is reached, or 

is projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. Based on current 

statistics, NMFS has determined that the 

available commercial quota of 373,072 

lb (169,222 kg), round weight for greater 

amberjack will be reached on or before 

October 28, 2010. Accordingly, NMFS is 

closing commercial harvest of greater 

amberjack in the Gulf EEZ from 12:01 

a.m., local time, on October 28, 2010, 

until 12:01 a.m., local time, on January 

1, 2011. The operator of a vessel with 

a valid commercial vessel permit for 

Gulf reef fish having greater amberjack 

aboard must have landed and bartered, 

traded, or sold such greater amberjack 

prior to 12:01 a.m., local time, October 

28, 2010. 

During the closure, all harvest or 

possession of greater amberjack in or 

from the Gulf of Mexico EEZ, and the 

sale or purchase of greater amberjack 

taken from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to sale or purchase of greater 

amberjack that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, October 28, 2010, and were 

held in cold storage by a dealer or 

processor. In addition to the Gulf EEZ 

closure, a person on board a vessel for 

which a commercial vessel permit for 

Gulf reef fish has been issued must 

comply with these closure provisions 

regardless of where the Gulf greater 

amberjack are harvested, i.e., in state or 

Federal waters. This closure is intended 

to prevent overfishing of Gulf greater 

amberjack and increase the likelihood 

that the 2010 quota will not be 

exceeded. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The 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)(3)(B). Such procedures would be 

unnecessary because the rule 

implementing the quota and the 

associated requirement for closure of 

commercial harvest when the quota is 

reached or projected to be reached 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Providing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest because any delay in the closure 

of commercial harvest could result in 

the commercial quota for greater 

amberjack being exceeded, which in 

turn, would trigger the accountability 

measure for greater amberjack. The 

accountability measure would require 

NMFS to reduce the quota for the 

following year by the amount of the 

quota overage from the prior fishing 

year. Reducing the quota the following 

year would produce additional adverse 

economic impacts for Gulf reef fish 

fishermen. There is a need to implement 

this measure in a timely fashion to 

prevent a quota overrun of the 

commercial greater amberjack sector, 

given the capacity of the fishing fleet to 

harvest the quota quickly. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 


emcdonald on DSK2BSOYB1PROD with RULES
64172 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: October 14, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–26284 Filed 10–14–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XZ81 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA) for 72 

hours. This action is necessary to fully 

use the 2010 total allowable catch (TAC) 

of pollock specified for Statistical Area 

610 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 14, 2010, through 

1200 hrs, A.l.t., October 17, 2010. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 29, 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 0648–XZ81, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal Web site at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

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). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

October 9, 2010 (publication in the 

Federal Register pending). 

NMFS has determined that 

approximately 900 metric tons of 

pollock remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2010 TAC of pollock in Statistical Area 

610, NMFS is terminating the previous 

closure and is reopening directed 

fishing for pollock in Statistical Area 

610 of the GOA. This will enhance the 

socioeconomic well-being of harvesters 

dependent upon pollock in this area. 

The Administrator, Alaska Region 

(Regional Administrator) considered the 

following factors in reaching this 

decision: (1) The current catch of 

pollock by the GOA trawl sector and, (2) 

the harvest capacity and stated intent on 

future harvesting patterns of vessels 

participating in this fishery. 

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

the Regional Administrator finds that 

this directed fishing allowance will be 

reached after 72 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 610 of the 

GOA effective 1200 hrs, A.l.t., October 

17, 2010. 

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 opening of pollock in 

Statistical Area 610 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 October 13, 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 610 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

October 29, 2010. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: October 14, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–26274 Filed 10–14–10; 4:15 pm] 

BILLING CODE 3510–22–P 


emcdonald on DSK2BSOYB1PROD with RULES