[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Rules and Regulations]
[Pages 56017-56018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131362-0087-02]
RIN 0648-XZ06


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species by Vessels Using Trawl Gear in the Gulf of Alaska

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

ACTION:  Temporary rule; modification of a closure.

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SUMMARY:  NMFS is opening directed fishing for shallow-water species by 
vessels using trawl gear in the Gulf of Alaska (GOA). This action is 
necessary to fully use the fourth seasonal apportionment of the 2010 
Pacific halibut bycatch allowance specified for the trawl shallow-water 
species fishery in of the GOA.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), September 11, 
2010, through 1200 hrs, A.l.t., October 1, 2010. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 27, 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-
XZ06, 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:  Josh Keaton, 907-586-7228.

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.
    NMFS prohibited directed fishing for shallow-water species by 
vessels using trawl gear in the GOA under Sec.  679.21(d)(7)(i) on 
September 3, 2010 (75 FR 54290, September 7, 2010).
    NMFS has determined that approximately 132 mt remain in the fourth 
seasonal apportionment of the 2010 Pacific halibut bycatch allowance 
specified for the trawl shallow-water species fishery in the GOA. 
Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and 
(a)(2)(iii)(D), and to fully utilize the fourth seasonal apportionment 
of the 2010 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA, NMFS is terminating the 
previous closure and is opening directed fishing for trawl shallow-
water species by vessels using trawl gear in the GOA. This will enhance 
the socioeconomic well-being of harvesters

[[Page 56018]]

dependent upon shallow-water species in the GOA. The Regional 
Administrator considered the following factors in reaching this 
decision: (1) the current catch of shallow-water species in the GOA, 
(2) the current catch of 2010 Pacific halibut bycatch allowance 
specified for this fishery, and (3) the harvest capacity and stated 
intent on future harvesting patterns of vessels in participating in 
this fishery.

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 directed fishing for trawl shallow-water 
species by vessels using trawl gear in the GOA. 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 
September 9, 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 trawl 
shallow-water species 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 27, 2010.
    This action is required bySec.  679.21 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 10, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-23021 Filed 9-10-10; 4:15 pm]
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