[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Rules and Regulations]
[Pages 6129-6130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2670]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XU22


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel 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.

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[[Page 6130]]

SUMMARY:  NMFS is prohibiting directed fishing for Atka mackerel in the 
Eastern Aleutian District and the Bering Sea subarea of the Bering Sea 
and Aleutian Islands management area (BSAI) by vessels participating in 
the BSAI trawl limited access fishery. This action is necessary to 
prevent exceeding the 2010 A season allocation of Atka mackerel in 
these areas allocated to vessels participating in the BSAI trawl 
limited access fishery.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), February 3, 
2010, through 1200 hrs, A.l.t., September 1, 2010.

FOR FURTHER INFORMATION CONTACT:  Steve Whitney, 908-586-7269.

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 A season allocation of Atka mackerel allocated to vessels 
participating in the BSAI trawl limited access fishery in the Eastern 
Aleutian District and the Bering Sea subarea was established as 604 
metric tons (mt) by the final 2009 and 2010 harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel in the Eastern Aleutian District and the Bering Sea subarea by 
vessels participating in the BSAI trawl limited access fishery.
    After the effective dates 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 a 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 the Atka mackerel fishery in the Eastern 
Aleutian District and the Bering Sea subarea for vessels participating 
in the BSAI trawl limited access fishery. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of February 1, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 2, 2010.
Emily H. Menashes,
 Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-2670 Filed 2-3-10; 4:15 pm]
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