Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2010 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts, 68713-68715 [E9-30839]
Download as PDF
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
cprice-sewell on DSK2BSOYB1PROD with RULES
final rule make clear that all vessel
permits obtained using Federal grant
awards be used in a manner consistent
with all fishery management plan
provisions governing those permits, and
that the permits should not be subject to
additional constraints without Council
consideration.
Response: NMFS intends for any
fishing operations conducted by a vessel
using access rights (e.g., DAS, ACE)
associated with a Federal permit
obtained using a Federal grant award to
be consistent with applicable fishery
management plan provisions and to
fully comply with all applicable fishing
regulations. However, NMFS reserves
the right to establish more restrictive
criteria for the operations of any permit
banks established using Federal grant
awards.
Comment 6: A commenter opposed
the use of Federal funds to establish
permit banks.
Response: While NMFS acknowledges
that some stakeholders may have
concerns regarding the use of Federal
funds to establish permit banks, this
action does not, in itself, create or
authorize the use of Federal funds in
this manner. This action is wholly
constrained to establishing an effective
enforcement mechanism such that
NOAA, should it at some future time
provide a Federal grant award to a state,
or other party, for the purpose of
obtaining one or more fishing vessels,
and the associated Federal permits,
retains some level of oversight and
control over how the fishing rights
associated with the permits are used,
beyond the duration of the Federal grant
award.
Classification
Pursuant to section 305(d) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator determined that
this final rule is consistent with the
Fishery Management Plans (FMPs) of
the NE Region, other provisions of the
Magnuson-Stevens Act, and other
applicable law, and is necessary to
discharge the general responsibility to
carry out said FMPs.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: December 22, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
■
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.4, add paragraph (n) to read
as follows:
■
§ 648.4
Vessel permits.
*
*
*
*
*
(n) Federal grant awards. The
Regional Administrator may suspend,
cancel, fail to renew, modify, or
otherwise rescind any Federal fishing
vessel permit, issued pursuant to this
section, including the rights thereto,
held by a person, corporation, nonprofit organization, or government
entity if the terms and conditions of any
Federal grant award used to obtain said
permit, or an associated memorandum
of understanding or agreement, are
violated by the grant recipient.
[FR Doc. E9–30838 Filed 12–28–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910091344–9056–02]
RIN 0648–XT52
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2010 Gulf of Alaska Pollock and
Pacific Cod Total Allowable Catch
Amounts
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
SUMMARY: NMFS is adjusting the 2010
total allowable catch (TAC) amounts for
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
68713
the Gulf of Alaska (GOA) pollock and
Pacific cod fisheries. This action is
necessary because NMFS has
determined these TACs are incorrectly
specified, and will ensure the GOA
pollock and Pacific cod TACs are the
appropriate amounts based on the best
available scientific information for
pollock and Pacific cod in the GOA.
This action is consistent with the goals
and objectives of the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (FMP).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), December 29, 2009, until
the effective date of the final 2010 and
2011 harvest specifications for GOA
groundfish, unless otherwise modified
or superseded through publication of a
notification in the Federal Register.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., January 13, 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–
XT52, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
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. No comments will be
posted to https://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 FMP prepared by the
North Pacific Fishery Management
E:\FR\FM\29DER1.SGM
29DER1
68714
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
Council (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 final 2009 and 2010 harvest
specifications for groundfish in the GOA
(74 FR 7333, February 17, 2009) set the
2010 pollock TAC at 74,330 metric tons
(mt) and the 2010 Pacific cod TAC at
60,102 mt in the GOA. In December
2009, the Council recommended a 2010
pollock TAC of 84,745 mt for the GOA,
which is more than the 74,330 mt
established by the final 2009 and 2010
GOA harvest specifications. The
Council also recommended a 2010
Pacific cod TAC of 59,563 mt for the
GOA, which is less than the 60,102 mt
established by the final 2009 and 2010
harvest specifications for groundfish in
the GOA. The Council’s recommended
TACs are based on the Stock
Assessment and Fishery Evaluation
report (SAFE), dated November 2009,
which NMFS has determined is the best
available scientific information for these
fisheries.
Steller sea lions occur in the same
location as the pollock and Pacific cod
fisheries and are listed as endangered
under the Endangered Species Act
(ESA). Pollock and Pacific cod are a
principal prey species for Steller sea
lions in the GOA. The seasonal
apportionment of pollock and Pacific
cod harvest is necessary to ensure the
groundfish fisheries are not likely to
cause jeopardy of extinction or adverse
modification of critical habitat for
Steller sea lions. The regulations at
§ 679.20(a)(5)(iv) specify how the
pollock TAC will be apportioned. The
regulations at § 679.20(a)(6)(ii) and
§ 679.20(a)(12)(i) specify how the Pacific
cod TAC shall be apportioned.
In accordance with
§ 679.25(a)(2)(i)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that,
based on the November 2009 SAFE
report for this fishery, the current GOA
pollock and Pacific cod TACs are
incorrectly specified. Consequently,
pursuant to § 679.25(a)(1)(iii), the
Regional Administrator is adjusting the
2010 GOA pollock TAC to 84,745 mt
and the 2010 GOA Pacific cod TAC to
59,563 mt.
Pursuant to § 679.20(a)(5)(iv), Table 6
of the final 2009 and 2010 harvest
specifications for groundfish in the GOA
(74 FR 7333, February 17, 2009) is
revised for the 2010 pollock TACs in the
Western, Central, and Eastern GOA
consistent with this adjustment.
TABLE 6–FINAL 2010 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS OF THE GULF OF
ALASKA; PERCENTAGE SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF
ANNUAL TAC
(Values are rounded to the nearest metric ton)
Season
Shumagin
(Area
610)
Chirikof
(Area
620)
A (Jan 20–Mar 10)
5,551
30.22%
8,414
45.81%
4,403
23.97%
18,368
B (Mar 10–May 31)
5,551
30.22%
9,926
54.04%
2,891
15.74%
18,367
C (Aug 25–Oct 1)
7,576
41.25%
4,877
26.55%
5,912
32.19%
18,367
D (Oct 1–Nov 1)
7,576
41.25%
4,877
26.55%
5,912
32.19%
18,367
Annual Total
26,256
Kodiak
(Area 630)
28,095
19,118
Total1
73,469
1 The
West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs
shown in this table. Note: As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to
March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by
the inshore and offshore components are not shown in this table.
cprice-sewell on DSK2BSOYB1PROD with RULES
Pursuant to § 679.20(a)(6)(ii) and
§ 679.20(a)(12)(i), Table 8 of the final
2009 and 2010 harvest specifications for
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
groundfish in the GOA (74 FR 7333,
February 17, 2009) is revised for the
2010 Pacific cod TACs in the Western,
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
Central, and Eastern GOA consistent
with this adjustment.
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
68715
TABLE 8–FINAL 2010 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF OF
ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS
(values are rounded to the nearest metric ton)
Component allocation
Regulatory area
Season
TAC
Inshore (90%)
Offshore
(10%)
Western
Annual
A season
(60%)
B season
(40%)
20,764
12,458
8,306
18,688
11,213
7,475
2,076
1,246
831
Central
Annual
A season
(60%)
B season
(40%)
36,782
22,069
14,713
33,104
19,862
13,242
3,678
2,207
1,471
Eastern
Annual
Total
2,017
59,563
1,815
53,607
202
5,956
cprice-sewell on DSK2BSOYB1PROD with RULES
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
allow for harvests that exceed the
appropriate allocations for Pacific cod
based on the best scientific information
available. NMFS was unable to publish
a notice providing time for public
comment because the most recent,
relevant data only became available as
of December 21, 2009, and additional
time for prior public comment would
result in conservation concerns for the
ESA-listed Steller sea lions.
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.
Under § 679.25(c)(2), interested
persons are invited to submit written
comments on this action to the above
address until January 13, 2010.
This action is required by § 679.22
and § 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
Dated: December 22, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–30839 Filed 12–28–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–9087–02]
RIN 0648–XT40
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2010 Bering Sea Pollock Total
Allowable Catch Amount
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
SUMMARY: NMFS is adjusting the 2010
total allowable catch (TAC) amount for
the Bering Sea pollock fishery. This
action is necessary because NMFS has
determined this TAC is incorrectly
specified. This action will ensure the
Bering Sea pollock TAC does not exceed
the appropriate amount based on the
best available scientific information for
pollock in the Bering Sea subarea. This
action is consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
and Aleutian Islands Management Area
(FMP).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), December 29, 2009, until
the effective date of the final 2010 and
2011 harvest specifications for BSAI
groundfish, unless otherwise modified
or superseded through publication of a
notification in the Federal Register.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., January 13, 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–
XT40, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
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. No comments will be
posted to https://www.regulations.gov for
public viewing until after the comment
period has closed. Comment 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.
E:\FR\FM\29DER1.SGM
29DER1
Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68713-68715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30839]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910091344-9056-02]
RIN 0648-XT52
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2010 Gulf of Alaska Pollock and Pacific Cod Total
Allowable Catch Amounts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the 2010 total allowable catch (TAC)
amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries.
This action is necessary because NMFS has determined these TACs are
incorrectly specified, and will ensure the GOA pollock and Pacific cod
TACs are the appropriate amounts based on the best available scientific
information for pollock and Pacific cod in the GOA. This action is
consistent with the goals and objectives of the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP).
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29,
2009, until the effective date of the final 2010 and 2011 harvest
specifications for GOA groundfish, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.
Comments must be received at the following address no later than
4:30 p.m., A.l.t., January 13, 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-
XT52, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://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. No comments
will be posted to https://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 FMP prepared by the North
Pacific Fishery Management
[[Page 68714]]
Council (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 final 2009 and 2010 harvest specifications for groundfish in
the GOA (74 FR 7333, February 17, 2009) set the 2010 pollock TAC at
74,330 metric tons (mt) and the 2010 Pacific cod TAC at 60,102 mt in
the GOA. In December 2009, the Council recommended a 2010 pollock TAC
of 84,745 mt for the GOA, which is more than the 74,330 mt established
by the final 2009 and 2010 GOA harvest specifications. The Council also
recommended a 2010 Pacific cod TAC of 59,563 mt for the GOA, which is
less than the 60,102 mt established by the final 2009 and 2010 harvest
specifications for groundfish in the GOA. The Council's recommended
TACs are based on the Stock Assessment and Fishery Evaluation report
(SAFE), dated November 2009, which NMFS has determined is the best
available scientific information for these fisheries.
Steller sea lions occur in the same location as the pollock and
Pacific cod fisheries and are listed as endangered under the Endangered
Species Act (ESA). Pollock and Pacific cod are a principal prey species
for Steller sea lions in the GOA. The seasonal apportionment of pollock
and Pacific cod harvest is necessary to ensure the groundfish fisheries
are not likely to cause jeopardy of extinction or adverse modification
of critical habitat for Steller sea lions. The regulations at Sec.
679.20(a)(5)(iv) specify how the pollock TAC will be apportioned. The
regulations at Sec. 679.20(a)(6)(ii) and Sec. 679.20(a)(12)(i)
specify how the Pacific cod TAC shall be apportioned.
In accordance with Sec. 679.25(a)(2)(i)(B), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that,
based on the November 2009 SAFE report for this fishery, the current
GOA pollock and Pacific cod TACs are incorrectly specified.
Consequently, pursuant to Sec. 679.25(a)(1)(iii), the Regional
Administrator is adjusting the 2010 GOA pollock TAC to 84,745 mt and
the 2010 GOA Pacific cod TAC to 59,563 mt.
Pursuant to Sec. 679.20(a)(5)(iv), Table 6 of the final 2009 and
2010 harvest specifications for groundfish in the GOA (74 FR 7333,
February 17, 2009) is revised for the 2010 pollock TACs in the Western,
Central, and Eastern GOA consistent with this adjustment.
Table 6-Final 2010 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska;
Percentage Seasonal Biomass Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC
(Values are rounded to the nearest metric ton)
----------------------------------------------------------------------------------------------------------------
Shumagin Chirikof
Season (Area (Area Kodiak (Area Total\1\
610) 620) 630)
----------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10) 5,551 30.22% 8,414 45.81% 4,403 23.97% 18,368
----------------------------------------------------------------------------------------------------------------
B (Mar 10-May 31) 5,551 30.22% 9,926 54.04% 2,891 15.74% 18,367
----------------------------------------------------------------------------------------------------------------
C (Aug 25-Oct 1) 7,576 41.25% 4,877 26.55% 5,912 32.19% 18,367
----------------------------------------------------------------------------------------------------------------
D (Oct 1-Nov 1) 7,576 41.25% 4,877 26.55% 5,912 32.19% 18,367
----------------------------------------------------------------------------------------------------------------
Annual Total 26,256 ........ 28,095 ........ 19,118 ............ 73,469
----------------------------------------------------------------------------------------------------------------
\1\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
included in the total pollock TACs shown in this table. Note: As established by Sec. 679.23(d)(2)(i) through
(iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31,
August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by
the inshore and offshore components are not shown in this table.
Pursuant to Sec. 679.20(a)(6)(ii) and Sec. 679.20(a)(12)(i),
Table 8 of the final 2009 and 2010 harvest specifications for
groundfish in the GOA (74 FR 7333, February 17, 2009) is revised for
the 2010 Pacific cod TACs in the Western, Central, and Eastern GOA
consistent with this adjustment.
[[Page 68715]]
Table 8-Final 2010 Seasonal Apportionments and Allocation of Pacific cod TAC Amounts in the Gulf of Alaska;
Allocations for Processing by the Inshore and Offshore Components
(values are rounded to the nearest metric ton)
----------------------------------------------------------------------------------------------------------------
Component allocation
-------------------------------------
Regulatory area Season TAC Offshore
Inshore (90%) (10%)
----------------------------------------------------------------------------------------------------------------
Western Annual 20,764 18,688 2,076
A season 12,458 11,213 1,246
(60%) 8,306 7,475 831
B season
(40%)
----------------------------------------------------------------------------------------------------------------
Central Annual 36,782 33,104 3,678
A season 22,069 19,862 2,207
(60%) 14,713 13,242 1,471
B season
(40%)
----------------------------------------------------------------------------------------------------------------
Eastern Annual 2,017 1,815 202
Total 59,563 53,607 5,956
----------------------------------------------------------------------------------------------------------------
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 allow for harvests that exceed the appropriate allocations for
Pacific cod based on the best scientific information available. NMFS
was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
December 21, 2009, and additional time for prior public comment would
result in conservation concerns for the ESA-listed Steller sea lions.
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.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until January 13,
2010.
This action is required by Sec. 679.22 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 22, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-30839 Filed 12-28-09; 8:45 am]
BILLING CODE 3510-22-S