Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Catcher Vessels Participating in the Rockfish Entry Level Trawl Fishery in the Central Regulatory Area of the Gulf of Alaska, 41999 [2010-17689]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Page 41999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17689]



[[Page 41999]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XX65


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch for Catcher Vessels Participating in the Rockfish Entry 
Level Trawl Fishery 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; modification of closure.

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SUMMARY:  NMFS is reopening directed fishing for Pacific ocean perch by 
trawl catcher vessels participating in the rockfish entry level fishery 
in the Central Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to fully use the 2010 directed fishing allowance of 
Pacific ocean perch for trawl catcher vessels participating in the 
rockfish entry level fishery in the Central Regulatory Area of the GOA.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), July 15, 2010, 
through 1200 hrs, A.l.t., July 17, 2010. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., July 30, 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 0648-
XX65, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at 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 and will 
generally be posted to https://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) 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). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT:  Steve Whitney, 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 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.
    NMFS closed the directed fishery for Pacific ocean perch allocated 
to trawl catcher vessels participating in the entry level rockfish 
fishery in the Central Regulatory Area of the GOA under Sec.  
679.20(d)(1)(iii) on July 3, 2010 (75 FR 38396, July 7, 2010).
    NMFS has determined that approximately 209 mt of Pacific ocean 
perch remain in the directed fishing allowance in the Central 
Regulatory Area of the GOA. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize 
the allowance of the 2010 TAC of Pacific ocean perch in Statistical 
Area 630, NMFS is terminating the previous closure and is reopening 
directed fishing for Pacific ocean perch in the Central Regulatory Area 
of the GOA. This will enhance the socioeconomic well-being of 
harvesters dependent upon Pacific ocean perch in this area. The 
Administrator, Alaska Region (Regional Administrator) considered the 
following factors in reaching this decision: (1) The current catch of 
Pacific ocean perch by the Rockfish Pilot Program entry level trawl 
vessels and, (2) the harvest capacity and stated intent on future 
harvesting patterns of vessels participating in this fishery.
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance will be 
reached after 48 hours. Consequently, NMFS is prohibiting directed 
fishing for Pacific ocean perch by entry level trawl vessels in the 
Central Regulatory Area of the GOA, effective 1200 hrs, A.l.t., July 
17, 2010.

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) and 679.25(c)(1)(ii) 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 Pacific ocean perch 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 July 9, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific ocean perch by entry level trawl vessels in the Central 
Regulatory Area of the GOA to be harvested in an expedient manner and 
in accordance with the regulatory schedule. Under Sec.  679.25(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until July 30, 2010.
    This action is required bySec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: July 15, 2010.
Galen Tremble,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-17689 Filed 7-15-10; 4:15 pm]
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