Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 53606-53608 [2010-21831]

Download as PDF 53606 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations Dated: August 25, 2010. Will Shafroth, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–21861 Filed 8–31–10; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 100630283–0388–02] RIN 0648–XX15 Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2010–11 Main Hawaiian Islands Bottomfish Total Allowable Catch National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final specification. AGENCY: In this rule, NMFS specifies a total allowable catch (TAC) of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2010–11 fishing year. The expected impact of the TAC is long-term sustainability of Hawaii bottomfish. DATES: This final specification is effective October 1, 2010. ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian Archipelago and associated Environmental Impact Statement are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808– 522–8226, or www.wpcouncil.org. A supplemental environmental assessment (EA), was prepared that describes the impact of this final specification on the human environment. Based on the environmental impact analysis presented in the EA, NMFS prepared a finding of no significant impact (FONSI). Copies of the EA and FONSI are available from www.regulations.gov, or Michael D. Tosatto, Acting Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries Division, NMFS PIR, 808–944–2108. SUPPLEMENTARY INFORMATION: NMFS hereby specifies a TAC of Deep 7 bottomfish in the MHI for the 2010–11 mstockstill on DSKH9S0YB1PROD with RULES SUMMARY: VerDate Mar<15>2010 18:02 Aug 31, 2010 Jkt 220001 fishing year of 254,050 lb (115,235 kg), as recommended by the Council, based on the best available scientific, commercial, and other information, taking into account the associated risk of overfishing. The MHI Management Subarea is the portion of U.S. Exclusive Economic Zone around the Hawaiian Archipelago lying to the east of 161° 20’ W. longitude. The Deep 7 bottomfish are onaga (Etelis coruscans), ehu (E. carbunculus), gindai (Pristipomoides zonatus), kalekale (P. sieboldii), opakapaka (P. filamentosus), lehi (Aphareus rutilans), and hapuupuu (Epinephelus quernus). When the TAC is projected to be reached, NMFS will close the noncommercial and commercial Deep 7 bottomfish fisheries until the end of the fishing year (August 31, 2010). During a fishery closure for Deep 7 bottomfish, no person may fish for, possess, or sell any of these fish in the MHI, except as otherwise authorized by law. Specifically, fishing for, and the resultant possession or sale of, Deep 7 bottomfish by vessels legally registered to Pacific Remote Island Areas bottomfish fishing permits, and conducted in compliance with all laws and regulations, are not affected by the closure. There is no prohibition on fishing for or selling other non-Deep 7 bottomfish species throughout the year. All other management measures continue to apply in the MHI bottomfish fishery. The MHI bottomfish fishery reopens on September 1, 2010, and will continue until August 31, 2010, unless the fishery is closed prior to August 31 as a result of the TAC being reached. Additional background information on this final specification may be found in the preamble to the proposed specification published on August 2, 2010 (75 FR 45085), and is not repeated here. Comments and Responses On August 2, 2010, NMFS published a proposed specification and request for public comments on the MHI Deep 7 bottomfish TAC (75 FR 45085). The comment period ended on August 17, 2010. NMFS did not receive any public comments. Changes from the Proposed Specification There are no changes in the final specification. Classification The Regional Administrator, NMFS PIR, determined that this final specification is necessary for the conservation and management of MHI bottomfish, and that it is consistent with PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. 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 this certification. As a result, a regulatory flexibility analysis was not required, and none was prepared. This action is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 27, 2010. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2010–21829 Filed 8–31–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XY62 Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closures and openings. AGENCY: 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 total allowable catch (TAC) of Atka mackerel in these areas by vessels participating in the BSAI trawl limited access fishery. NMFS is also announcing the opening and closing dates of the first and second directed fisheries within the harvest limit area (HLA) in areas 542 and 543. These actions are necessary to conduct SUMMARY: E:\FR\FM\01SER1.SGM 01SER1 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations directed fishing for Atka mackerel in the HLA in areas 542 and 543. DATES: The effective dates are provided in Table 1 under the SUPPLEMENTARY INFORMATION section of this temporary action. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. 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 TAC of Atka mackerel for vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District and the Bering Sea subarea was established as 1,264 metric tons (mt) by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). In accordance with § 679.20(d)(1)(i) and (d)(1)(ii)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that 5 mt of the 2010 Atka mackerel TAC allocated to vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District and the Bering Sea subarea will be necessary as incidental catch to support other anticipated groundfish fisheries. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,259 mt. In accordance with § 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. 53607 In accordance with § 679.20(a)(8)(iii)(C), the Regional Administrator is opening the first directed fisheries for Atka mackerel within the HLA in areas 542 and 543, 48 hours after prohibiting directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea. The Regional Administrator has established the opening dates for the second HLA directed fisheries as immediately after the last closure of the first HLA fisheries in either area 542 or 543 for those vessels participating in the Amendment 80 cooperative. The Regional Administrator also has established the opening dates for the second HLA directed fisheries as 48 hours after the last closure of the first HLA fisheries in either area 542 or 543 for those vessels participating in the Amendment 80 limited access sector. Consequently, NMFS is opening and closing directed fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance with the periods listed under Table 1 of this notice. TABLE 1—EFFECTIVE DATES AND TIMES Effective date 1 Action Area From Prohibiting Atka mackerel by vessels participating in the BSAI trawl limited access fishery. Opening the first and second directed fisheries in the HLA for the Amendment 80 cooperative. Opening the first and second directed fisheries in the HLA for vessels participating in the Amendment 80 limited access sector. Opening the first directed fishery in the HLA for vessels participating in the BSAI trawl limited access sector. mstockstill on DSKH9S0YB1PROD with RULES 1 Alaska To Eastern Aleutian District and the Bering Sea subarea. 542 and 543 ................ 1200 hrs, September 1, 2010 ..... 1200 hrs, November 1, 2010. 1200 hrs, September 3, 2010 ..... 1200 hrs, September 17, 2010. 542 and 543 ................ 542 and 543 ................ 1200 hrs, September 17, 2010 ... 1200 hrs, September 3, 2010 ..... 1200 hrs, October 1, 2010. 1200 hrs, September 11, 2010. 542 and 543 ................ 542 .............................. 1200 hrs, September 13, 2010 ... 1200 hrs, September 3, 2010 ..... 1200 hrs, September 21, 2010. 1200 hrs, September 17, 2010. local time. In accordance with § 679.20(a)(8)(iii)(A) and § 679.20(a)(8)(iii)(B), vessels using trawl gear for directed fishing for Atka mackerel have previously registered with NMFS to fish in the HLA fisheries in areas 542 and 543. NMFS has randomly assigned each vessel to the directed fishery or fisheries for which they have registered. NMFS has notified each vessel owner as to which fishery each vessel has been assigned by NMFS (75 FR 49422, August 13, 2010). In accordance with the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010) and § 679.20(a)(8)(ii)(C)(1), the HLA limits of the B season allowance of the 2010 VerDate Mar<15>2010 18:02 Aug 31, 2010 Jkt 220001 TACs in areas 542 and 543 are 4,474 mt and 3,393 mt, respectively, for vessels participating in the Amendment 80 limited access fishery. The HLA limits of the B season allowance of the 2010 TACs in areas 542 and 543 are 2,959 mt and 2,111 mt, respectively, for Amendment 80 cooperatives. The HLA limit of the B season allowance of the 2010 TAC in area 542 is 474 mt for the BSAI trawl limited access fishery. In accordance with § 679.20(a)(8)(iii)(E), the Regional Administrator has established the closure dates of the Atka mackerel directed fisheries in the HLA for areas 542 and 543 based on the amount of the harvest limit and the estimated fishing capacity of the vessels assigned to the respective fisheries. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance with the dates and times listed in Table 1 of this notice. After the effective dates of these closures, the maximum retainable amounts at § 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 E:\FR\FM\01SER1.SGM 01SER1 53608 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 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 and the opening and closing of the fisheries for the HLA limits established for area 542 and area 543 pursuant to the 2010 Atka mackerel TAC. The fisheries opening and closure dates associated with the HLA limits are established based on the Regional Administrator’s estimate of fishing capacity and effort for the vessels registered to fish in the HLA in area 542 and area 543, per § 679.20(a)(8)(iii)(E). NMFS was unable to publish a notice providing time for public comment because the most recent, relevant information about operational aspects of the vessels registered to fish in the HLA only became available as of August 23, 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 27, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–21831 Filed 8–31–10; 8:45 am] mstockstill on DSKH9S0YB1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 18:02 Aug 31, 2010 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131362–0087–02] RIN 0648–XY66 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of Pacific ocean perch in the West Yakutat District of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 28, 2010, through 2400 hrs, A.l.t., December 31, 2010. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. 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 MagnusonStevens 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 TAC of Pacific ocean perch in the West Yakutat District of the GOA is 2,004 metric tons (mt) as established by the final 2010 and 2011 harvest specifications for groundfish of the GOA (75 FR 11749, March 12, 2010). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2010 TAC of Pacific ocean perch in the West Yakutat District of the GOA will soon be reached. SUMMARY: PO 00000 Frm 00044 Fmt 4700 Sfmt 9990 Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,904 mt, and is setting aside the remaining 100 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District of the GOA. After the effective date of this closure the maximum retainable amounts at § 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 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 Pacific ocean perch in the West Yakutat District 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 August 26, 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 27, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–21860 Filed 8–27–10; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\01SER1.SGM 01SER1

Agencies

[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53606-53608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21831]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XY62

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; closures and openings.

-----------------------------------------------------------------------

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 total allowable catch (TAC) of Atka mackerel
in these areas by vessels participating in the BSAI trawl limited
access fishery. NMFS is also announcing the opening and closing dates
of the first and second directed fisheries within the harvest limit
area (HLA) in areas 542 and 543. These actions are necessary to conduct

[[Page 53607]]

directed fishing for Atka mackerel in the HLA in areas 542 and 543.

DATES: The effective dates are provided in Table 1 under the
SUPPLEMENTARY INFORMATION section of this temporary action.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

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 TAC of Atka mackerel for vessels participating in the BSAI
trawl limited access fishery in the Eastern Aleutian District and the
Bering Sea subarea was established as 1,264 metric tons (mt) by the
final 2010 and 2011 harvest specifications for groundfish in the BSAI
(75 FR 11778, March 12, 2010).
In accordance with Sec. 679.20(d)(1)(i) and (d)(1)(ii)(B), the
Administrator, Alaska Region, NMFS (Regional Administrator), has
determined that 5 mt of the 2010 Atka mackerel TAC allocated to vessels
participating in the BSAI trawl limited access fishery in the Eastern
Aleutian District and the Bering Sea subarea will be necessary as
incidental catch to support other anticipated groundfish fisheries.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 1,259 mt. 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.
In accordance with Sec. 679.20(a)(8)(iii)(C), the Regional
Administrator is opening the first directed fisheries for Atka mackerel
within the HLA in areas 542 and 543, 48 hours after prohibiting
directed fishing for Atka mackerel in the Eastern Aleutian District and
the Bering Sea subarea. The Regional Administrator has established the
opening dates for the second HLA directed fisheries as immediately
after the last closure of the first HLA fisheries in either area 542 or
543 for those vessels participating in the Amendment 80 cooperative.
The Regional Administrator also has established the opening dates for
the second HLA directed fisheries as 48 hours after the last closure of
the first HLA fisheries in either area 542 or 543 for those vessels
participating in the Amendment 80 limited access sector. Consequently,
NMFS is opening and closing directed fishing for Atka mackerel in the
HLA of areas 542 and 543 in accordance with the periods listed under
Table 1 of this notice.

Table 1--Effective Dates and Times
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effective date \1\
Action Area ----------------------------------------------------------------------------------------------
From To
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prohibiting Atka mackerel by Eastern Aleutian 1200 hrs, September 1, 2010................... 1200 hrs, November 1, 2010.
vessels participating in the BSAI District and the
trawl limited access fishery. Bering Sea subarea.
Opening the first and second 542 and 543.......... 1200 hrs, September 3, 2010................... 1200 hrs, September 17, 2010.
directed fisheries in the HLA for
the Amendment 80 cooperative.
542 and 543.......... 1200 hrs, September 17, 2010.................. 1200 hrs, October 1, 2010.
Opening the first and second 542 and 543.......... 1200 hrs, September 3, 2010................... 1200 hrs, September 11, 2010.
directed fisheries in the HLA for
vessels participating in the
Amendment 80 limited access
sector.
542 and 543.......... 1200 hrs, September 13, 2010.................. 1200 hrs, September 21, 2010.
Opening the first directed fishery 542.................. 1200 hrs, September 3, 2010................... 1200 hrs, September 17, 2010.
in the HLA for vessels
participating in the BSAI trawl
limited access sector.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Alaska local time.

In accordance with Sec. 679.20(a)(8)(iii)(A) and Sec.
679.20(a)(8)(iii)(B), vessels using trawl gear for directed fishing for
Atka mackerel have previously registered with NMFS to fish in the HLA
fisheries in areas 542 and 543. NMFS has randomly assigned each vessel
to the directed fishery or fisheries for which they have registered.
NMFS has notified each vessel owner as to which fishery each vessel has
been assigned by NMFS (75 FR 49422, August 13, 2010).
In accordance with the final 2010 and 2011 harvest specifications
for groundfish in the BSAI (75 FR 11778, March 12, 2010) and Sec.
679.20(a)(8)(ii)(C)(1), the HLA limits of the B season allowance of the
2010 TACs in areas 542 and 543 are 4,474 mt and 3,393 mt, respectively,
for vessels participating in the Amendment 80 limited access fishery.
The HLA limits of the B season allowance of the 2010 TACs in areas 542
and 543 are 2,959 mt and 2,111 mt, respectively, for Amendment 80
cooperatives. The HLA limit of the B season allowance of the 2010 TAC
in area 542 is 474 mt for the BSAI trawl limited access fishery. In
accordance with Sec. 679.20(a)(8)(iii)(E), the Regional Administrator
has established the closure dates of the Atka mackerel directed
fisheries in the HLA for areas 542 and 543 based on the amount of the
harvest limit and the estimated fishing capacity of the vessels
assigned to the respective fisheries. Consequently, NMFS is prohibiting
directed fishing for Atka mackerel in the HLA of areas 542 and 543 in
accordance with the dates and times listed in Table 1 of this notice.
After the effective dates of these closures, 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

[[Page 53608]]

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 and the opening and closing of the fisheries for
the HLA limits established for area 542 and area 543 pursuant to the
2010 Atka mackerel TAC. The fisheries opening and closure dates
associated with the HLA limits are established based on the Regional
Administrator's estimate of fishing capacity and effort for the vessels
registered to fish in the HLA in area 542 and area 543, per Sec.
679.20(a)(8)(iii)(E). NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant information
about operational aspects of the vessels registered to fish in the HLA
only became available as of August 23, 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: August 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-21831 Filed 8-31-10; 8:45 am]
BILLING CODE 3510-22-P

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