[Federal Register Volume 75, Number 158 (Tuesday, August 17, 2010)]
[Rules and Regulations]
[Pages 50716-50717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20325]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[Docket No. 100106010-0074-01]
RIN 0648-AY52


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Program; Emergency Rule 
Extension

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Temporary rule; emergency action extension.

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SUMMARY:  NMFS is extending the emergency action, implemented on 
February 18, 2010, to exempt individual fishing quota (IFQ) and 
individual processing quota (IPQ) issued for the Western Aleutian 
Islands golden king crab fishery from the West regional designation. 
Under the Bering Sea/Aleutian Islands Crab Rationalization Program, 
Federal regulations require that golden king crab harvested with IFQ 
with a West regional designation be delivered to a processor with West 
designated IPQ in the West region of the Aleutian Islands. An emergency 
exists because, due to a recent unforeseen event, no crab processing 
facility is open in the West region. This emergency rule extension is 
necessary to ensure that the exemption remains in effect to prevent 
disruption to the Aleutian Islands golden king crab fishery by allowing 
fishermen to deliver crab harvested with West designated IFQ to 
processors outside the West region and allow processors with West 
designated IPQ to process that crab outside the West region for the 
2010/2011 fishing season. This action is intended to promote the goals 
and objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act, the Fishery Management Plan for Bering Sea/Aleutian 
Islands King and Tanner Crabs, and other applicable law.

DATES:  Effective from August 18, 2010, through February 20, 2011.

ADDRESSES:  Electronic copies of the Regulatory Impact Review (RIR) 
prepared for this action may be obtained from http://www.regulations.gov or from the NMFS Alaska Region website at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT:  Gretchen Harrington, 907-586-7228.

SUPPLEMENTARY INFORMATION: Section 305(c) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) provides 
authority for rulemaking to address an emergency. Under that section, a 
Regional Fishery Management Council may recommend emergency rulemaking, 
if it finds an emergency exists. At its December 2009 meeting, the 
North Pacific Fishery Management Council (Council) voted 10 to 1 to 
request that NMFS promulgate an emergency rule to relieve the existing 
regional delivery and processing requirement in the Western Aleutian 
Islands golden king crab fishery.
    On February 18, 2010, NMFS published an emergency action to exempt 
West designated IFQ and West designated IPQ for the Western Aleutian 
Islands golden king crab fishery from the West regional designation in 
regulations at 50 CFR 680.40(c)(4) and Sec.  680.40(e)(2), 
respectively, until August 17, 2010 (75 FR 7205). NMFS invited public 
comments until March 22, 2010. NMFS received no public comments.
    Removing the West regional designation from this IFQ and IPQ 
removes the requirement that these shares be used in the West region. 
With this exemption, Western Aleutian Islands golden king crab 
harvested with West designated IFQ could be delivered to a processor 
with IPQ in any location, and processors could process crab using West 
designated IPQ in any location. The preamble to the emergency rule (75 
FR 7205, February 18, 2010) provides additional background information.
    Section 305(c)(3)(B) of the Magnuson-Stevens Act authorizes NMFS to 
extend the emergency action for up to 186 days beyond the August 17, 
2010, expiration of the initial emergency action, provided the public 
has had an opportunity to comment on the emergency regulation and, in 
the case of a Council recommendation, the Council is actively preparing 
a fishery management plan amendment to address the emergency on a 
permanent basis.
    At its April 2010 meeting, the Council adopted Amendment 37 to the 
FMP to permanently address the emergency by establishing a process for 
quota share holders, processor quota share holders, and the 
municipalities of Adak and

[[Page 50717]]

Atka to agree to and notify NMFS when deliveries are exempt from the 
West regional designation requirements. The Council and NMFS are 
preparing the amendment and rulemaking documents for review by the 
Secretary of Commerce.
    With this emergency rule extension, NMFS would extend the exemption 
for Class A IFQ and IPQ issued for the Western Aleutian Islands golden 
king crab fishery from the West regional designation for an additional 
186 days. The emergency rule extension would provide relief for the 
2010/2011 crab fishing season and enable the fishery to occur during 
the time period Amendment 37 and its implementing regulations are under 
Secretarial review.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this emergency rule extension is consistent with the national 
standards and other provisions of the Magnuson-Stevens Act and other 
applicable laws. NMFS has the authority to extend the emergency action 
for up to 186 days beyond the August 17, 2010, expiration of the 
initial emergency action, as authorized under section 305(c)(3)(B) of 
the Magnuson-Stevens Act.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be impracticable and 
contrary to the public interest. In the initial emergency rule 
published on February 18, 2010 (75 FR 7205), NMFS requested comments 
and received none.
    The measures of this emergency rule extension remain unchanged from 
the measures contained in the initial emergency action. If the initial 
emergency action were allowed to lapse, a substantial portion of the 
fishery will likely remain unharvested, causing economic harm to 
fishery participants. Extending the provisions of the emergency rule 
without additional notice and opportunity for public comment will 
ensure the 2010/2011 Aleutian Islands golden king crab fishery 
continues uninterrupted and will prevent unnecessary adverse economic 
impacts. Therefore, for the reasons outlined above, the Assistant 
Administrator finds it is unnecessary and contrary to the public 
interest to provide any additional notice and opportunity for public 
comment under 5 U.S.C. 553(b)(B) prior to publishing the emergency rule 
extension.
    Because this rule relieves a restriction by exempting IFQ and IPQ 
from the West region designation, it is not subject to the 30-day 
delayed effectiveness provision of the APA pursuant to 5 U.S.C. 
553(d)(1).
    This emergency rule extension has been determined to be not 
significant for purposes of Executive Order 12866. The regulatory 
impact review prepared for this action is available from NMFS (see 
ADDRESSES).
    No duplication, overlap, or conflict between this action and 
existing Federal rules has been identified.
    This emergency rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is not subject to the requirement to 
provide prior notice and opportunity for public comment pursuant to 5 
U.S.C. 553 or any other law.

    Authority:  16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.

    Dated: August 11, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2010-20325 Filed 8-16-10; 8:45 am]
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