Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 11068-11070 [2010-5151]
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11068
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 040205043–4043–01]
RIN 0648–XU86
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Closure
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS closes the commercial
fishery for vermilion snapper in the
exclusive economic zone (EEZ) of the
South Atlantic. This closure is
necessary to protect the vermilion
snapper resource.
DATES: This rule is effective 12:01 a.m.,
local time, March 19, 2010, through
June 30, 2010.
FOR FURTHER INFORMATION CONTACT:
Catherine Bruger, telephone 727–824–
5305, fax 727–824–5308, e-mail
Catherine.Bruger@noaa.gov.
The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act by
regulations at 50 CFR part 622.
The commercial quota for vermilion
snapper in the South Atlantic is 315,523
lb (143,119 kg) for the current fishing
period, January 1 through June 30, 2010,
as specified in 50 CFR 622.42(e)(4)(ii).
Under 50 CFR 622.43(a), NMFS is
required to close the commercial fishery
for vermilion snapper when its quota
has been reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial quota for South Atlantic
vermilion snapper will be reached by
March 19, 2010. Accordingly, the
commercial fishery for South Atlantic
vermilion snapper is closed effective
12:01 a.m., local time, March 19, 2010,
through June 30, 2010.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having
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SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
15:01 Mar 09, 2010
Jkt 220001
vermilion snapper onboard must have
landed and bartered, traded, or sold
such vermilion snapper prior to 12:01
a.m., local time, March 19, 2010. During
the closure, the bag limit and possession
limits specified in 50 CFR
622.39(d)(1)(v) and (d)(2), respectively,
apply to all harvest or possession of
vermilion snapper in or from the South
Atlantic EEZ, and the sale or purchase
of vermilion snapper taken from the
EEZ is prohibited. The prohibition on
sale or purchase does not apply to sale
or purchase of vermilion snapper that
were harvested, landed ashore, and sold
prior to 12:01 a.m., local time, March
19, 2010, and were held in cold storage
by a dealer or processor. For a person
on board a vessel for which a Federal
commercial or charter vessel/headboat
permit for the South Atlantic snappergrouper fishery has been issued, the sale
and purchase provisions of the
commercial closure for vermilion
snapper would apply regardless of
whether the fish are harvested in state
or Federal waters, as specified in 50
CFR 622.43(a)(5)(ii).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds that the need to immediately
implement this action to close the
fishery constitutes good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures
would be unnecessary and contrary to
the public interest. Such procedures
would be unnecessary because the rule
itself has been subject to notice and
comment, and all that remains is to
notify the public of the closure.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the fishery since
the capacity of the fishing fleet allows
for rapid harvest of the quota. Prior
notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
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.
PO 00000
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Fmt 4700
Sfmt 4700
Dated: March 5, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–5128 Filed 3–5–10; 4:15 pm]
BILLING CODE S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0912281446–0111–02]
RIN 0648–XT32
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
implement the annual harvest guideline
(HG) and seasonal allocations for Pacific
sardine in the U.S. exclusive economic
zone (EEZ) off the Pacific coast for the
fishing season of January 1, 2010,
through December 31, 2010. These
specifications have been determined
according to the Coastal Pelagic Species
(CPS) Fishery Management Plan (FMP).
This rule is intended to conserve and
manage Pacific sardine off the West
Coast.
DATES: Effective March 10, 2010 through
December 31, 2010.
ADDRESSES: Copies of the report
‘‘Assessment of Pacific Sardine Stock for
U.S. Management in 2010’’ may be
obtained from the Southwest Regional
Office (see the Mailing address above).
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: The CPS
FMP, which was implemented by
publication of the final rule in the
Federal Register on December 15, 1999
(64 FR 69888), divides management unit
species into two categories: actively
managed and monitored. Harvest
guidelines for actively managed species
(Pacific sardine and Pacific mackerel)
are based on formulas applied to current
biomass estimates. Biomass estimates
are not calculated for species that are
only monitored (jack mackerel, northern
anchovy, and market squid).
During public meetings each year, the
biomass for each actively managed
species within the CPS FMP is
E:\FR\FM\10MRR1.SGM
10MRR1
erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Rules and Regulations
presented to the Pacific Fishery
Management Council’s (Council) CPS
Management Team (Team), the
Council’s CPS Advisory Subpanel
(Subpanel) and the Council’s Scientific
and Statistical Committee (SSC). At that
time, the biomass, the overall HG and
the status of the fisheries are reviewed
and discussed. This information is then
presented to the Council along with HG
recommendations and comments from
the Team, Subpanel and SSC. Following
review by the Council and after hearing
public comment, the Council makes its
HG recommendation to NMFS.
In November 2009, the Council
recommended, and NMFS then
approved, a maximum HG of 72,039 mt
for the 2010 Pacific sardine fishing year.
This HG is based on a biomass estimate
of 702,204 mt and the harvest control
rule established in the CPS FMP. This
HG is slightly higher than the HG for the
2009 fishing season, which was 66,932
mt. The Council also recommended, and
NMFS approved, that 5,000 mt of the
available 2010 ABC/HG be initially
reserved for research activities that
would be undertaken under a potential
EFP. In 2009, 2,400 mt was subtracted
from the total HG for an EFP. The
Council will hear proposals and
comments on any potential EFPs at its
March Council meeting and make a
recommendation to NMFS on the
proposed EFP(s) for the 5,000 mt
research set aside at their April 2010
Council meeting. NMFS will likely
make a decision on whether or not to
issue an EFP some time prior to the start
of the second seasonal period (July 1,
2010). Any of the 5,000 mt that is not
issued to an EFP will be rolled into the
third allocation period’s directed
fishery. Any research set aside
attributed to an EFP designed to be
conducted during the closed fishing
time in the second allocation period
(prior to September 15), but not utilized,
will roll into the third allocation
period’s directed fishery. Any research
set aside attributed to an EFP designed
to be conducted during closed fishing
times in the third allocation, but not
utilized, will not be re-allocated.
The Council recommended, and
NMFS approved, that the remaining
67,039 mt (HG of 72,039 mt minus
provisional 5,000 mt EFP set aside) be
used as the initial overall fishing HG
and be allocated across the seasonal
periods established by Amendment 11
(71 FR 36999). The Council also
recommended, and NMFS approved, an
incidental catch set aside of 3,000 mt
and a management uncertainty buffer of
4,000 mt. Subtracting this set aside from
the initial overall HG establishes an
initial directed harvest fishery of 60,039
VerDate Nov<24>2008
15:01 Mar 09, 2010
Jkt 220001
mt and an incidental fishery of 3,000
mt. The purpose of the incidental
fishery is to allow for the restricted
incidental landings of Pacific sardine in
other fisheries, particularly other CPS
fisheries, if and when a seasonal
directed fishery is closed.
The directed harvest levels and
incidental set-aside are initially
allocated across the three seasonal
allocation periods in the following way:
January 1–June 30, 22,463 mt is
allocated for directed harvest with an
incidental set aside of 1,000 mt; July 1–
September 14, 25,861 mt is allocated for
directed harvest with an incidental set
aside of 1,000 mt; September 15–
December 31, 11,760 mt is allocated for
directed harvest with an incidental set
aside of 1,000 mt. If during any of the
seasonal allocation periods the
applicable adjusted directed harvest
allocation is projected to be taken,
fishing is closed to directed harvest and
only incidental harvest is allowed. For
the remainder of the period, any
incidental Pacific sardine landings are
counted against that period’s incidental
set-aside. During times when only
incidental landings of Pacific sardine
are allowed, catch of Pacific sardine is
constrained to a 30 percent by weight
incidental catch rate when Pacific
sardine are landed with other CPS so as
to minimize the targeting of Pacific
sardine. In the event that an incidental
set aside is projected to be attained, all
fisheries will be closed to the retention
of Pacific sardine for the remainder of
the period. If a set-aside is not fully
attained or is exceeded in a given
seasonal period, the directed harvest
allocation in the following seasonal
period is automatically adjusted to
account for the discrepancy.
Additionally, if during any seasonal
period the directed harvest allocation is
not fully attained or is exceeded, then
the following period’s directed harvest
total is adjusted to account for this
discrepancy as well.
If the total HG or these apportionment
levels for Pacific sardine are reached or
are expected to be reached, the Pacific
sardine fishery will be closed via an
appropriate rulemaking until it re-opens
either per the allocation scheme or the
beginning of the next fishing season.
The Regional Administrator will
publish a notice in the Federal Register
announcing the date of such closures.
As stated above, the overall or
maximum HG for the 2010 Pacific
sardine fishing season is 72,039 mt.;
5,000 mt of this 72,039 mt is initially set
aside for use under an Exempted
Fishing Permit (EFP), if issued, leaving
the remaining 65,732 mt as the initial
commercial fishing HG. This HG is
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
11069
divided across the seasonal allocation
periods in the following way: January 1–
June 30, 22,463 mt is allocated for
directed harvest with an incidental setaside of 1,000 mt; July 1–September 14,
25,861 mt is allocated for directed
harvest with an incidental set-aside of
1,000 mt; September 15–December 31,
11,760 mt is allocated for directed
harvest with an incidental set-aside of
1,000 mt with an additional 4,000 mt set
aside to buffer against reaching the
overall HG.
On January 13, 2010, a proposed rule
was published for this action that
solicited public comments (75 FR 1745).
No comments were received. For further
background information on this action
please refer to the preamble of the
proposed rule (75 FR 1745, January 13,
2010).
Classification
The Administrator, Southwest Region,
NMFS, determined that this final rule is
necessary for the conservation and
management of the CPS fishery and that
it is consistent with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
NMFS finds good cause pursuant to 5
U.S.C. 553(d)(3) to waive the 30–day
delay in effectiveness for the
establishment of the harvest
specifications for the 2010 Pacific
sardine fishing season. For the reasons
set forth below, the immediate
implementation of this measure is
necessary for the conservation and
management of the Pacific sardine
resource. This rule establishes seasonal
harvest allocations and the ability to
restrict fishing when these allocations
are approached or reached. These
specified allocations are important
mechanisms in preventing overfishing
and managing the fishery at optimum
yield while allowing fair and equitable
opportunity to the resource by all
sectors of the Pacific sardine fishery. A
delay in effectiveness is likely to
prevent the ability to the close the
fishery when necessary and cause the
fishery to exceed an in-season directed
harvest level. These seasonal harvest
levels are important mechanisms in
preventing overfishing and managing
the fishery at optimum yield. The
established directed and incidental
harvest allocations are designed to allow
fair and equitable opportunity to the
resource by all sectors of the Pacific
sardine fishery and to allow access to
other profitable CPS fisheries, such as
squid and Pacific mackerel. During the
2009 fishing season, which had a
similar HG as this 2010 season, the first
allocation period was closed on
E:\FR\FM\10MRR1.SGM
10MRR1
11070
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
February 20, 2009. Although it has not
been necessary to close the 2010 season
as quickly, based on the most recent
catch data, and best available
information from the fishery, it is likely
that it will be necessary to close the
2010 fishing season in the near future.
Therefore, NMFS finds that there is
good cause to waive the 30–day delay in
effectiveness in this circumstance. To
help keep the regulated community
informed of this final rule NMFS will
also announce this action through other
means available, including fax, email,
and mail to fishermen, processors, and
state fishery management agencies.
Additionally, NMFS will advise the CPS
Advisory Subpanel, which is comprised
VerDate Nov<24>2008
15:01 Mar 09, 2010
Jkt 220001
of representatives from all sectors and
regions of the sardine industry,
including processors, fishermen, user
groups, conservation groups and
fishermen association representatives, of
current landings as they become
available and for the public at-large also
post them on NMFS’ Southwest
Regional Office website, https://
swr.nmfs.noaa.gov/.
This final rule is exempt from Office
of Management and Budget review
under 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
PO 00000
Frm 00076
Fmt 4700
Sfmt 9990
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule (75 FR 1745) and is not
repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 5, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–5151 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\10MRR1.SGM
10MRR1
]]>Agencies
[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Rules and Regulations]
[Pages 11068-11070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5151]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0912281446-0111-02]
RIN 0648-XT32
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the annual harvest
guideline (HG) and seasonal allocations for Pacific sardine in the U.S.
exclusive economic zone (EEZ) off the Pacific coast for the fishing
season of January 1, 2010, through December 31, 2010. These
specifications have been determined according to the Coastal Pelagic
Species (CPS) Fishery Management Plan (FMP). This rule is intended to
conserve and manage Pacific sardine off the West Coast.
DATES: Effective March 10, 2010 through December 31, 2010.
ADDRESSES: Copies of the report ``Assessment of Pacific Sardine Stock
for U.S. Management in 2010'' may be obtained from the Southwest
Regional Office (see the Mailing address above).
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: The CPS FMP, which was implemented by
publication of the final rule in the Federal Register on December 15,
1999 (64 FR 69888), divides management unit species into two
categories: actively managed and monitored. Harvest guidelines for
actively managed species (Pacific sardine and Pacific mackerel) are
based on formulas applied to current biomass estimates. Biomass
estimates are not calculated for species that are only monitored (jack
mackerel, northern anchovy, and market squid).
During public meetings each year, the biomass for each actively
managed species within the CPS FMP is
[[Page 11069]]
presented to the Pacific Fishery Management Council's (Council) CPS
Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel)
and the Council's Scientific and Statistical Committee (SSC). At that
time, the biomass, the overall HG and the status of the fisheries are
reviewed and discussed. This information is then presented to the
Council along with HG recommendations and comments from the Team,
Subpanel and SSC. Following review by the Council and after hearing
public comment, the Council makes its HG recommendation to NMFS.
In November 2009, the Council recommended, and NMFS then approved,
a maximum HG of 72,039 mt for the 2010 Pacific sardine fishing year.
This HG is based on a biomass estimate of 702,204 mt and the harvest
control rule established in the CPS FMP. This HG is slightly higher
than the HG for the 2009 fishing season, which was 66,932 mt. The
Council also recommended, and NMFS approved, that 5,000 mt of the
available 2010 ABC/HG be initially reserved for research activities
that would be undertaken under a potential EFP. In 2009, 2,400 mt was
subtracted from the total HG for an EFP. The Council will hear
proposals and comments on any potential EFPs at its March Council
meeting and make a recommendation to NMFS on the proposed EFP(s) for
the 5,000 mt research set aside at their April 2010 Council meeting.
NMFS will likely make a decision on whether or not to issue an EFP some
time prior to the start of the second seasonal period (July 1, 2010).
Any of the 5,000 mt that is not issued to an EFP will be rolled into
the third allocation period's directed fishery. Any research set aside
attributed to an EFP designed to be conducted during the closed fishing
time in the second allocation period (prior to September 15), but not
utilized, will roll into the third allocation period's directed
fishery. Any research set aside attributed to an EFP designed to be
conducted during closed fishing times in the third allocation, but not
utilized, will not be re-allocated.
The Council recommended, and NMFS approved, that the remaining
67,039 mt (HG of 72,039 mt minus provisional 5,000 mt EFP set aside) be
used as the initial overall fishing HG and be allocated across the
seasonal periods established by Amendment 11 (71 FR 36999). The Council
also recommended, and NMFS approved, an incidental catch set aside of
3,000 mt and a management uncertainty buffer of 4,000 mt. Subtracting
this set aside from the initial overall HG establishes an initial
directed harvest fishery of 60,039 mt and an incidental fishery of
3,000 mt. The purpose of the incidental fishery is to allow for the
restricted incidental landings of Pacific sardine in other fisheries,
particularly other CPS fisheries, if and when a seasonal directed
fishery is closed.
The directed harvest levels and incidental set-aside are initially
allocated across the three seasonal allocation periods in the following
way: January 1-June 30, 22,463 mt is allocated for directed harvest
with an incidental set aside of 1,000 mt; July 1-September 14, 25,861
mt is allocated for directed harvest with an incidental set aside of
1,000 mt; September 15-December 31, 11,760 mt is allocated for directed
harvest with an incidental set aside of 1,000 mt. If during any of the
seasonal allocation periods the applicable adjusted directed harvest
allocation is projected to be taken, fishing is closed to directed
harvest and only incidental harvest is allowed. For the remainder of
the period, any incidental Pacific sardine landings are counted against
that period's incidental set-aside. During times when only incidental
landings of Pacific sardine are allowed, catch of Pacific sardine is
constrained to a 30 percent by weight incidental catch rate when
Pacific sardine are landed with other CPS so as to minimize the
targeting of Pacific sardine. In the event that an incidental set aside
is projected to be attained, all fisheries will be closed to the
retention of Pacific sardine for the remainder of the period. If a set-
aside is not fully attained or is exceeded in a given seasonal period,
the directed harvest allocation in the following seasonal period is
automatically adjusted to account for the discrepancy. Additionally, if
during any seasonal period the directed harvest allocation is not fully
attained or is exceeded, then the following period's directed harvest
total is adjusted to account for this discrepancy as well.
If the total HG or these apportionment levels for Pacific sardine
are reached or are expected to be reached, the Pacific sardine fishery
will be closed via an appropriate rulemaking until it re-opens either
per the allocation scheme or the beginning of the next fishing season.
The Regional Administrator will publish a notice in the Federal
Register announcing the date of such closures.
As stated above, the overall or maximum HG for the 2010 Pacific
sardine fishing season is 72,039 mt.; 5,000 mt of this 72,039 mt is
initially set aside for use under an Exempted Fishing Permit (EFP), if
issued, leaving the remaining 65,732 mt as the initial commercial
fishing HG. This HG is divided across the seasonal allocation periods
in the following way: January 1-June 30, 22,463 mt is allocated for
directed harvest with an incidental set-aside of 1,000 mt; July 1-
September 14, 25,861 mt is allocated for directed harvest with an
incidental set-aside of 1,000 mt; September 15-December 31, 11,760 mt
is allocated for directed harvest with an incidental set-aside of 1,000
mt with an additional 4,000 mt set aside to buffer against reaching the
overall HG.
On January 13, 2010, a proposed rule was published for this action
that solicited public comments (75 FR 1745). No comments were received.
For further background information on this action please refer to the
preamble of the proposed rule (75 FR 1745, January 13, 2010).
Classification
The Administrator, Southwest Region, NMFS, determined that this
final rule is necessary for the conservation and management of the CPS
fishery and that it is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
NMFS finds good cause pursuant to 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness for the establishment of the harvest
specifications for the 2010 Pacific sardine fishing season. For the
reasons set forth below, the immediate implementation of this measure
is necessary for the conservation and management of the Pacific sardine
resource. This rule establishes seasonal harvest allocations and the
ability to restrict fishing when these allocations are approached or
reached. These specified allocations are important mechanisms in
preventing overfishing and managing the fishery at optimum yield while
allowing fair and equitable opportunity to the resource by all sectors
of the Pacific sardine fishery. A delay in effectiveness is likely to
prevent the ability to the close the fishery when necessary and cause
the fishery to exceed an in-season directed harvest level. These
seasonal harvest levels are important mechanisms in preventing
overfishing and managing the fishery at optimum yield. The established
directed and incidental harvest allocations are designed to allow fair
and equitable opportunity to the resource by all sectors of the Pacific
sardine fishery and to allow access to other profitable CPS fisheries,
such as squid and Pacific mackerel. During the 2009 fishing season,
which had a similar HG as this 2010 season, the first allocation period
was closed on
[[Page 11070]]
February 20, 2009. Although it has not been necessary to close the 2010
season as quickly, based on the most recent catch data, and best
available information from the fishery, it is likely that it will be
necessary to close the 2010 fishing season in the near future.
Therefore, NMFS finds that there is good cause to waive the 30-day
delay in effectiveness in this circumstance. To help keep the regulated
community informed of this final rule NMFS will also announce this
action through other means available, including fax, email, and mail to
fishermen, processors, and state fishery management agencies.
Additionally, NMFS will advise the CPS Advisory Subpanel, which is
comprised of representatives from all sectors and regions of the
sardine industry, including processors, fishermen, user groups,
conservation groups and fishermen association representatives, of
current landings as they become available and for the public at-large
also post them on NMFS' Southwest Regional Office website, https://swr.nmfs.noaa.gov/.
This final rule is exempt from Office of Management and Budget
review under 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 (75 FR 1745) and is not repeated here.
No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not required and none was
prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 5, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-5151 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-22-S
