[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Rules and Regulations]
[Page 53875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21990]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XY72


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish for Vessels Participating in the Rockfish Entry Level Fishery 
in the Central Regulatory Area of 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 northern rockfish 
for vessels participating in the rockfish entry level fishery in the 
Central Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2010 total allowable catch (TAC) of 
northern rockfish allocated to vessels participating in the rockfish 
entry level fishery in the Central Regulatory Area of the GOA.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 
2010, through 2400 hrs, A.l.t., December 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 northern rockfish TAC allocated to vessels participating 
in the entry level rockfish fishery in the Central Regulatory Area of 
the GOA is 115 metric tons as established by the final 2010 and 2011 
harvest specifications (75 FR 11749, March 12, 2010) for groundfish in 
the GOA. Section 679.83(a)(2) allows trawl or longline gear vessels 
participating in the entry level rockfish fishery to harvest any unused 
northern rockfish after 1200 hrs, A.l.t., September 1, 2010.
    As of September 1, 2010, 115 mt remains in the entry level longline 
allocation of northern rockfish. In accordance with Sec.  679.83(a)(3), 
the Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the remaining 2010 TAC of northern rockfish allocated 
to vessels participating in the entry level longline rockfish fishery 
in the Central Regulatory Area of the GOA is insufficient to support 
directed fishing. Consequently, NMFS is prohibiting directed fishing 
for northern rockfish for trawl and longline vessels participating in 
the rockfish entry level fishery in the Central Regulatory Area of the 
GOA.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) and Sec.  679.81(h)(5) 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 northern rockfish for vessels participating 
in the rockfish entry level fishery in the Central Regulatory Area of 
the GOA. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of August 27, 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 30, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-21990 Filed 8-30-10; 4:15 pm]
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