Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota Program, 11471 [2010-5243]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Rules and Regulations]
[Page 11471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5243]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02 and 0910131363-0087-02]
RIN 0648-XV03


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 
Managed Under the Individual Fishing Quota Program

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Temporary rule; opening.

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SUMMARY:  NMFS is opening directed fishing for sablefish with fixed 
gear managed under the Individual Fishing Quota (IFQ) Program. The 
season will open 1200 hrs, Alaska local time (A.l.t.), March 6, 2010, 
and will close 1200 hrs, A.l.t., November 15, 2010. This period is the 
same as the 2010 IFQ and Community Development Quota season for Pacific 
halibut adopted by the International Pacific Halibut Commission (IPHC). 
The IFQ halibut season is specified by a separate publication in the 
Federal Register of annual management measures.

DATES:  Effective 1200 hrs, A.l.t., March 6, 2010, until 1200 hrs, 
A.l.t., November 15, 2010.

FOR FURTHER INFORMATION CONTACT:  Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific 
halibut and sablefish with fixed gear in the IFQ regulatory areas 
defined in 50 CFR 679.2 has been managed under the IFQ Program. The IFQ 
Program is a regulatory regime designed to promote the conservation and 
management of these fisheries and to further the objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act and the 
Northern Pacific Halibut Act. Persons holding quota share receive an 
annual allocation of IFQ. Persons receiving an annual allocation of IFQ 
are authorized to harvest IFQ species within specified limitations. 
Further information on the implementation of the IFQ Program, and the 
rationale supporting it, are contained in the preamble to the final 
rule implementing the IFQ Program published in the Federal Register, 
November 9, 1993 (58 FR 59375) and subsequent amendments.
    This announcement is consistent with Sec.  679.23(g)(1), which 
requires that the directed fishing season for sablefish managed under 
the IFQ Program be specified by the Administrator, Alaska Region, and 
announced by publication in the Federal Register. This method of season 
announcement was selected to facilitate coordination between the 
sablefish season, chosen by the Administrator, Alaska Region, and the 
halibut season, chosen by the IPHC. The directed fishing season for 
sablefish with fixed gear managed under the IFQ Program will open 1200 
hrs, A.l.t., March 6, 2010, and will close 1200 hrs, A.l.t., November 
15, 2010. This period runs concurrently with the IFQ season for Pacific 
halibut announced by the IPHC. The IFQ halibut season will be specified 
by a separate publication in the Federal Register of annual management 
measures pursuant to 50 CFR 300.62.

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 the sablefish fishery thereby increasing 
bycatch and regulatory discards between the sablefish fishery and the 
halibut fishery, and preventing the accomplishment of the management 
objective for simultaneous opening of these two fisheries. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of March 5, 
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.  679.23 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 8, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries National Marine Fisheries 
Service.
[FR Doc. 2010-5243 Filed 3-8-10; 8:45 am]
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