[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Pages 38939-38940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16486]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XX33


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery by Catcher/Processor Rockfish Cooperatives 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 deep-water species fishery by catcher/processor rockfish 
cooperatives 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 deep-water species fishery by 
catcher/processor rockfish cooperatives subject to sideboard limits 
established under the Central GOA Rockfish Program in the GOA is 
insufficient to support directed fishing for the deep-water species 
fisheries.

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. vessels 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 
deep-water species fishery by catcher/processor rockfish cooperatives 
subject to sideboard limits established under the Central GOA Rockfish 
Program in the GOA is 16 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 deep-water species fishery by 
catcher/processor rockfish cooperatives subject to sideboard limits 
established under the Central GOA Rockfish Program in the GOA is 
insufficient to support directed fishing for the deep-water species 
fisheries. Consequently, in accordance with Sec.  679.82(d)(9)(ii)(B), 
NMFS is prohibiting directed fishing for species that comprise the 
deep-water species fishery by catcher/processor rockfish cooperatives 
subject to sideboard limits established under the Central GOA Rockfish 
Program in the GOA. The species and species groups that comprise the 
deep-water species fishery for the sideboard limit include deep-water 
flatfish, rex sole, and arrowtooth flounder.
    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

[[Page 38940]]

(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. 2010-16486 Filed 7-1-10; 4:15 pm]
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