[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Rules and Regulations]
[Pages 5251-5252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2156]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XU15


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Greater Than or Equal to 60 Feet (18.3 Meters) 
Length Overall 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 vessels greater than or equal to 60 feet (18.3 meters (m)) 
length overall (LOA) in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the A season 
allowance of the 2010 Pacific cod total allowable catch (TAC) specified 
for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA 
in the BSAI.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), January 28, 
2010, through 1200 hrs, A.l.t., September 1, 2010.

FOR FURTHER INFORMATION CONTACT:  Josh Keaton, 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 A season allowance of the 2010 Pacific cod TAC allocated to pot 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the 
BSAI is 6,422 metric tons as established by the final 2009 and 2010 
harvest specifications for groundfish in the BSAI (74 FR 7359, February 
17, 2010) and inseason adjustment (74 FR 68717, December 29, 2009).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the A season directed fishing 
allowance of the 2010 Pacific cod TAC allocated to pot catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA in the BSAI has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by pot catcher vessels greater than or equal to 60 feet (18.3 m) 
LOA 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 catcher vessels greater than 
or equal to 60 ft (18.3 m) LOA using pot gear in the BSAI. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent,

[[Page 5252]]

relevant data only became available as of January 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: January 27, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-2156 Filed 2-28-10; 4:15 pm]
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