[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Rules and Regulations]
[Pages 6588-6589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2936]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XU30


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock for 
American Fisheries Act Catcher Vessels in the Inshore Open Access 
Fishery 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 pollock by American 
Fisheries Act (AFA) trawl catcher vessels participating in the inshore 
open access fishery in the Bering Sea subarea of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the A season allowance of the 2010 pollock total 
allowable catch (TAC) allocated to the inshore open access fishery in 
the BSAI.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), February 5, 
2010, through 1200 hrs, A.l.t., June 10, 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 A season allowance of the 2010 Bering Sea pollock TAC allocated 
to the AFA inshore open access fishery in the BSAI is 2,762 metric tons 
(mt) as established by the final 2009 and 2010 harvest specifications 
for groundfish in the BSAI (74 FR 7359, February 17, 2009) and inseason 
adjustment (74 FR 68715, December 29, 2009). The actual 2010 Bering Sea 
subarea inshore cooperative allocations, including the inshore open 
access allocation, are posted at http://alaskafisheries.noaa.gov/sustainablefisheries/afa/afa_sf.htm.
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allowance of pollock TAC allocated to the AFA inshore open access 
fishery, which is catching pollock for processing by the inshore 
component in the Bering Sea subarea, will soon be reached. Therefore, 
the Regional Administrator is establishing the A season allowance of 
pollock TAC as the directed fishing allowance. 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 pollock by AFA trawl catcher vessels participating 
in the inshore open access fishery in the Bering Sea subarea.
    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

[[Page 6589]]

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 directing fishing for 
pollock by AFA trawl catcher vessels participating in the inshore open 
access fishery in the Bering Sea subarea. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of February 4, 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: February 5, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-2936 Filed 2-5-10; 4:15 pm]
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