[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Rules and Regulations]
[Pages 3874-3875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1328]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XT95


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Participating in the Amendment 80 Limited Access Fishery in 
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 closing directed fishing for Pacific cod by vessels 
participating in the Amendment 80 limited access fishery 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) allocated to vessels participating in the Amendment 80 
limited access fishery in the BSAI.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), January 20, 
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 
BSAI 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 to vessels participating in the 
Amendment 80 limited access fishery in the BSAI is 3,319 metric tons as 
established by the final 2009 and 2010 harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009 and 74 FR 68717, 
December 29, 2010) and as posted as the 2010 Allocations at http://alaskafisheries.noaa.gov/sustainablefisheries/amds/80/2010allocationtables.pdf.
    The Regional Administrator has determined that the 2010 Pacific cod 
TAC allocated to vessels participating in the Amendment 80 limited 
access fishery in the BSAI will be necessary to support other 
anticipated groundfish fisheries. Therefore, in accordance with Sec.  
679.20(d)(1)(i), the Regional Administrator is establishing a directed 
fishing allowance of 0 mt and is setting aside the remaining 3,319 mt 
as incidental catch to support other groundfish fisheries. 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 Pacific cod by 
vessels participating in the Amendment 80 limited access fishery 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 directed fishing for Pacific cod by vessels 
participating in the Amendment 80 limited access fishery 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 
January 14, 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

[[Page 3875]]

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: January 20, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-1328 Filed 1-20-10; 4:15 pm]
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