64956 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations 

such as increasing 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 at §§ 648.82(b)(6) require 

that the HA cod trip limit be adjusted 

proportionally to the trip limit for GOM 

cod. By an administrative error, the 

inseason action published on September 

27, 2010, reduced the GOM cod trip 

limit but failed to address the required 

proper reduction to the HA cod trip 

limit. This action would correct this 

oversight by reducing the cod trip limit 

for NE multispieces HA vessels in the 

common pool fishery from 100 lb/trip to 

50 lb/trip. 

It is important to take this action 

immediately due to the oversight in not 

effecting this trip limit reduction earlier 

and the concern that any delay in 

effectiveness would further 

disadvantage vessels subject to the 

lower trip limits implemented on 

September 27, 2010. Providing for prior 

notice and comment for this action are 

unnecessary because the action is nondiscretionary and NMFS could not 

adjust the measure based on comments 

received. The time necessary to provide 

delayed effectiveness would prevent 

NMFS from implementing the reduced 

trip limit in a timely manner and would 

increase the likelihood of exceeding the 

common pool sub-ACL. Attainment of 

any of the common pool sub-ACLs prior 

to the end of the FY on April 30, 2011, 

would result in accountability measures 

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. 

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

Dated: October 15, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–26504 Filed 10–18–10; 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–XZ79 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Offshore 

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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the offshore 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 offshore component of 

the Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 16, 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 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. 

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 offshore 

component of the Central Regulatory 

Area of the GOA is 3,678 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 § 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 

offshore component of the Central 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,600 mt, and is 

setting aside the remaining 78 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 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 offshore component in 

the Central Regulatory Area of the GOA. 

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 directed fishing closure of 

Pacific cod by vessels catching Pacific 

cod for processing by the offshore 

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 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. 

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: October 15, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–26505 Filed 10–18–10; 4:15 pm] 

BILLING CODE 3510–22–P 


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