[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Page 52478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21260]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XY45


Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod 
in the Bering Sea and Aleutian Islands

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

ACTION:  Temporary rule; modification of a closure.

-----------------------------------------------------------------------

SUMMARY:  NMFS is opening directed fishing for Pacific cod by catcher 
vessels less than 60 feet (18.3 meters) length overall (LOA) using 
hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully use the 2010 
total allowable catch (TAC) of Pacific cod specified for catcher 
vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot 
gear specified for the BSAI.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), August 27, 
2010, through 2400 hrs, A.l.t., December 31, 2010. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 10, 2010.

ADDRESSES:  Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XY45, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record. No comments 
will be posted to http://www.regulations.gov for public viewing until 
after the comment period has closed. Comment will generally be posted 
without change. All Personal Identifying Information (for example, 
name, address, etc.) voluntarily submitted by the commenter may be 
publicly accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet (18.3 meters) length overall using hook-and-line or 
pot gear in the BSAI under Sec.  679.20(d)(1)(iii) on May 19, 2010 (75 
FR 28502, May 21, 2010).
    NMFS has determined that as of August 20, 2010, approximately 500 
metric tons of Pacific cod remain in the 2010 Pacific cod apportionment 
for catcher vessels less than 60 feet (18.3 meters) length overall 
using hook-and-line or pot gear in the BSAI. Therefore, in accordance 
with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to 
fully use the 2010 TAC of Pacific cod in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 meters) length overall using 
hook-and-line or pot gear in the BSAI.

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 opening of the Pacific cod fishery by Pacific cod by 
catcher vessels less than 60 feet (18.3 meters) length overall using 
hook-and-line or pot gear in the BSAI. Immediate notification is 
necessary to allow for the orderly conduct and efficient operation of 
this fishery, to allow the industry to plan for the fishing season, and 
to avoid potential disruption to the fishing fleet and processors. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
August 20, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels less than 60 feet (18.3 meters) 
length overall using hook-and-line or pot gear in the BSAI to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until 
September 10, 2010.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 23, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-21260 Filed 8-23-10; 4:15 pm]
BILLING CODES S