[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Pages 38938-38939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16480]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XX31


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Catcher/Processors in the Gulf of Alaska

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 species that 
comprise the shallow-water species fishery for catcher/processors 
subject to sideboard limits established under the Central Gulf of 
Alaska (GOA) Rockfish Program in the GOA. This action is necessary 
because the 2010 Pacific halibut prohibited species catch (PSC) 
sideboard limit specified for the shallow-water species fishery for 
catcher/processors subject to sideboard limits established under the 
Central GOA Rockfish Program in the GOA is insufficient to support 
directed fishing for the shallow-water species fisheries.

[[Page 38939]]


DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2010, 
through 1200 hrs, A.l.t., July 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 Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing 
fishing by U.S. processors in accordance with the FMP appear at subpart 
H of 50 CFR part 600 and 50 CFR part 679.
    The 2010 Pacific halibut PSC sideboard limit specified for the 
shallow-water species fishery for catcher/processors subject to 
sideboard limits established under the Central GOA Rockfish Program in 
the GOA is 11 metric tons, for the period 1200 hrs, A.l.t., July 1, 
2010, through 1200 hrs, A.l.t., July 31, 2010, as established by Sec.  
679.82(d), the final 2010 and 2011 harvest specifications for 
groundfish of the GOA (75 FR 11749, March 12, 2010), and as posted as 
the Catcher/Processor Sideboards at http://www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
    In accordance with Sec.  679.82(d)(9)(i)(B), the Administrator, 
Alaska Region, NMFS, has determined that the 2010 Pacific halibut PSC 
sideboard limit specified for the shallow-water species fishery for 
catcher/processors subject to sideboard limits established under the 
Central GOA Rockfish Program in the GOA is insufficient to support 
directed fishing for the shallow-water species fisheries. Consequently, 
in accordance with Sec.  679.82(d)(9)(ii)(A), NMFS is prohibiting 
directed fishing for species that comprise the shallow-water species 
fishery for catcher/processors subject to sideboard limits established 
under the Central GOA Rockfish Program in the GOA. The species and 
species groups that comprise the shallow-water species fishery for the 
sideboard limit are shallow-water flatfish and flathead sole.
    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. Notice and comment is unnecessary 
because there is insufficient halibut PSC sideboard limit to support a 
directed fishery and therefore the Regional Administrator has no 
discretion for any action other than to prohibit directed fishing.
    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 Sec.  679.82 and is 
exempt from review under Executive Order 12866.

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

    Dated: July 1, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-16480 Filed 7-1-10; 4:15 pm]
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