Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 59157 [2010-24191]

Download as PDF Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations prosecution of the live bait portion of the Pacific sardine fishery. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Classification This action is required by 50 CFR 660.509 and is exempt from Office of Management and Budget review under Executive Order 12866. NMFS 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) for the closure of the directed harvest of Pacific sardine. For the reasons set forth below, notice and comment procedures are impracticable and contrary to the public interest. For the same reasons, NMFS also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30–day delay in effectiveness for this action. This measure responds to the best available information and is necessary for the conservation and management of the Pacific sardine resource. A delay in effectiveness would cause the fishery to exceed the in-season 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. Many of the same fishermen who harvest Pacific sardine rely on these other fisheries for a significant portion of their income. Authority: 16 U.S.C. 1801 et seq. Dated: September 22, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–24190 Filed 9–22–10; 4:15 pm] mstockstill on DSKH9S0YB1PROD with RULES BILLING CODE 3510–22–S VerDate Mar<15>2010 16:28 Sep 24, 2010 Jkt 220001 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XZ27 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Pot Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by pot catcher/ processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch (TAC) specified for pot catcher/processors in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 23, 2010, through 2400 hrs, A.l.t., December 31, 2010. 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 Pacific cod TAC allocated as a directed fishing allowance to pot catcher/processors in the BSAI is 2,248 metric tons as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). SUMMARY: PO 00000 Frm 00101 Fmt 4700 Sfmt 9990 59157 In accordance with § 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS, has determined that the 2010 Pacific cod TAC allocated as a directed fishing allowance to pot catcher/ processors in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by pot catcher/processors in the BSAI. 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 cod by pot catcher/processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 21, 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: September 22, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–24191 Filed 9–22–10; 4:15 am] BILLING CODE 3510–22–S E:\FR\FM\27SER1.SGM 27SER1

Agencies

[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Page 59157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24191]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XZ27


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processors Using Pot Gear 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; closure.

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SUMMARY:  NMFS is prohibiting directed fishing for Pacific cod by pot 
catcher/processors in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the 2010 
Pacific cod total allowable catch (TAC) specified for pot catcher/
processors in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 23, 
2010, through 2400 hrs, A.l.t., December 31, 2010.

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 Pacific cod TAC allocated as a directed fishing allowance 
to pot catcher/processors in the BSAI is 2,248 metric tons as 
established 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)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the 2010 Pacific cod TAC 
allocated as a directed fishing allowance to pot catcher/processors in 
the BSAI has been reached. Consequently, NMFS is prohibiting directed 
fishing for Pacific cod by pot catcher/processors in the BSAI.
    After the effective date of this closure 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 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 cod by pot catcher/processors in the 
BSAI. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of September 21, 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: September 22, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-24191 Filed 9-22-10; 4:15 am]
BILLING CODE 3510-22-S
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