[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53606-53608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21831]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XY62


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel 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; closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Eastern Aleutian District and the Bering Sea subarea of the Bering Sea 
and Aleutian Islands management area (BSAI) by vessels participating in 
the BSAI trawl limited access fishery. This action is necessary to 
prevent exceeding the 2010 total allowable catch (TAC) of Atka mackerel 
in these areas by vessels participating in the BSAI trawl limited 
access fishery. NMFS is also announcing the opening and closing dates 
of the first and second directed fisheries within the harvest limit 
area (HLA) in areas 542 and 543. These actions are necessary to conduct

[[Page 53607]]

directed fishing for Atka mackerel in the HLA in areas 542 and 543.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action.

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 TAC of Atka mackerel for vessels participating in the BSAI 
trawl limited access fishery in the Eastern Aleutian District and the 
Bering Sea subarea was established as 1,264 metric tons (mt) by the 
final 2010 and 2011 harvest specifications for groundfish in the BSAI 
(75 FR 11778, March 12, 2010).
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that 5 mt of the 2010 Atka mackerel TAC allocated to vessels 
participating in the BSAI trawl limited access fishery in the Eastern 
Aleutian District and the Bering Sea subarea will be necessary as 
incidental catch to support other anticipated groundfish fisheries. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 1,259 mt. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance has been reached. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel in the Eastern Aleutian District and 
the Bering Sea subarea by vessels participating in the BSAI trawl 
limited access fishery.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after prohibiting 
directed fishing for Atka mackerel in the Eastern Aleutian District and 
the Bering Sea subarea. The Regional Administrator has established the 
opening dates for the second HLA directed fisheries as immediately 
after the last closure of the first HLA fisheries in either area 542 or 
543 for those vessels participating in the Amendment 80 cooperative. 
The Regional Administrator also has established the opening dates for 
the second HLA directed fisheries as 48 hours after the last closure of 
the first HLA fisheries in either area 542 or 543 for those vessels 
participating in the Amendment 80 limited access sector. Consequently, 
NMFS is opening and closing directed fishing for Atka mackerel in the 
HLA of areas 542 and 543 in accordance with the periods listed under 
Table 1 of this notice.

                                                           Table 1--Effective Dates and Times
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                                                                                                 Effective date \1\
              Action                         Area         ----------------------------------------------------------------------------------------------
                                                                                From                                             To
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Prohibiting Atka mackerel by        Eastern Aleutian       1200 hrs, September 1, 2010...................  1200 hrs, November 1, 2010.
 vessels participating in the BSAI   District and the
 trawl limited access fishery.       Bering Sea subarea.
Opening the first and second        542 and 543..........  1200 hrs, September 3, 2010...................  1200 hrs, September 17, 2010.
 directed fisheries in the HLA for
 the Amendment 80 cooperative.
                                    542 and 543..........  1200 hrs, September 17, 2010..................  1200 hrs, October 1, 2010.
Opening the first and second        542 and 543..........  1200 hrs, September 3, 2010...................  1200 hrs, September 11, 2010.
 directed fisheries in the HLA for
 vessels participating in the
 Amendment 80 limited access
 sector.
                                    542 and 543..........  1200 hrs, September 13, 2010..................  1200 hrs, September 21, 2010.
Opening the first directed fishery  542..................  1200 hrs, September 3, 2010...................  1200 hrs, September 17, 2010.
 in the HLA for vessels
 participating in the BSAI trawl
 limited access sector.
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\1\ Alaska local time.

    In accordance with Sec.  679.20(a)(8)(iii)(A) and Sec.  
679.20(a)(8)(iii)(B), vessels using trawl gear for directed fishing for 
Atka mackerel have previously registered with NMFS to fish in the HLA 
fisheries in areas 542 and 543. NMFS has randomly assigned each vessel 
to the directed fishery or fisheries for which they have registered. 
NMFS has notified each vessel owner as to which fishery each vessel has 
been assigned by NMFS (75 FR 49422, August 13, 2010).
    In accordance with the final 2010 and 2011 harvest specifications 
for groundfish in the BSAI (75 FR 11778, March 12, 2010) and Sec.  
679.20(a)(8)(ii)(C)(1), the HLA limits of the B season allowance of the 
2010 TACs in areas 542 and 543 are 4,474 mt and 3,393 mt, respectively, 
for vessels participating in the Amendment 80 limited access fishery. 
The HLA limits of the B season allowance of the 2010 TACs in areas 542 
and 543 are 2,959 mt and 2,111 mt, respectively, for Amendment 80 
cooperatives. The HLA limit of the B season allowance of the 2010 TAC 
in area 542 is 474 mt for the BSAI trawl limited access fishery. In 
accordance with Sec.  679.20(a)(8)(iii)(E), the Regional Administrator 
has established the closure dates of the Atka mackerel directed 
fisheries in the HLA for areas 542 and 543 based on the amount of the 
harvest limit and the estimated fishing capacity of the vessels 
assigned to the respective fisheries. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel in the HLA of areas 542 and 543 in 
accordance with the dates and times listed in Table 1 of this notice.
    After the effective dates of these closures, 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

[[Page 53608]]

U.S.C. 553(b)(B) as such a 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 the Atka mackerel fishery in the Eastern Aleutian District 
and the Bering Sea subarea for vessels participating in the BSAI trawl 
limited access fishery and the opening and closing of the fisheries for 
the HLA limits established for area 542 and area 543 pursuant to the 
2010 Atka mackerel TAC. The fisheries opening and closure dates 
associated with the HLA limits are established based on the Regional 
Administrator's estimate of fishing capacity and effort for the vessels 
registered to fish in the HLA in area 542 and area 543, per Sec.  
679.20(a)(8)(iii)(E). NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant information 
about operational aspects of the vessels registered to fish in the HLA 
only became available as of August 23, 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: August 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-21831 Filed 8-31-10; 8:45 am]
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