Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,598

69598 Federal Register/Vol. 75, No. 219/Monday, November 15, 2010/Rules and Regulations

FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907-586-7269.
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 Pacific cod TAC allocated to
the Amendment 80 limited access sector
in the BSAI is 3,319 metric tons as
established by the final 2010 and 2011
harvest specifications for groundfish in
the BSAI (75 FR 11778, March 12,
2010).
In accordance with 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2010 TAC of Pacific
cod in the BSAI allocated to the
Amendment 80 limited access sector
has been reached. Therefore, in
accordance with 679.21(b), NMFS is
requiring that Pacific cod caught in the
BSAI be treated as prohibited species by
vessels participating in the Amendment
80 limited access fisheries.
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 prohibiting the retention of Pacific
cod by Amendment 80 limited access
vessels in the BSAI. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of November 8, 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 679.20
and 679.21 and is exempt from review

under Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.
Dated: November 9, 2010.
Brian Parker,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010-28672 Filed 11-9-10; 4:15 pm]
BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910131363-0087-02]
RIN 0648-XA032
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
by Vessels in the Amendment 80
Limited Access Fishery in the Central
Aleutian District of the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for Pacific ocean perch by
vessels participating in the Amendment
80 limited access fishery in the Central
Aleutian District of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the 2010 Pacific
ocean perch total allowable catch
specified for vessels participating in the
Amendment 80 limited access fishery in
the Central Aleutian District of the
BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), November 10, 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
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 Pacific ocean perch TAC
specified for vessels participating in the

Amendment 80 limited access fishery in

the Central Aleutian District of the BSAI
is 1,796 metric tons (mt) as established
by the final 2010 and 2011 harvest
specifications for groundfish in the
BSAI (75 FR 11778, March 12, 2010).
In accordance with 679.20(d)(1)(i),
the Regional Administrator has
determined that the 2010 Pacific ocean
perch TAC specified for vessels
participating in the Amendment 80
limited access fishery in the Central
Aleutian District of the BSAI will soon
be reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 1,786 mt and is
setting aside the remaining 10 mt as
incidental catch to support other
groundfish fisheries. In accordance with
679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific ocean perch
by vessels participating in the
Amendment 80 limited access fishery in
the Central Aleutian District of the
BSAI.
After the effective date of this closure
the maximum retainable amounts at
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 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 Pacific ocean perch
by vessels participating in the
Amendment 80 limited access fishery in
the Central Aleutian District of the
BSAI. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
relevant data only became available as
of November 8, 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 679.20
and is exempt from review under
Executive Order 12866.

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