[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Rules and Regulations]
[Page 44927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18781]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XX93


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 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.), July 27, 2010, 
through 1200 hrs, A.l.t., November 1, 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 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 2010 and 2011 harvest specifications for groundfish in the 
BSAI (75 FR 11778, March 12, 2010), and further described at http://alaskafisheries.noaa.gov/sustainablefisheries/afa/10bsaicoopallocations.pdf.
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the B 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, has been reached. Therefore, the 
Regional Administrator is establishing the B season allowance of 
pollock TAC as the directed fishing allowance. Consequently, in 
accordance with Sec.  679.20(d)(1)(iii), since this directed fishing 
allowance has been reached, 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 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 July 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: July 27, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-18781 Filed 7-27-10; 4:15 pm]
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