Fisheries of the Exclusive Economic Zone Off Alaska: Pollock for American Fisheries Act Catcher Vessels in the Inshore Open Access Fishery in the Bering Sea and Aleutian Islands Management Area

Federal Register: February 10, 2010 (Volume 75, Number 27)

Rules and Regulations

Page 6588-6589

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr10fe10-11

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 0810141351-9087-02

RIN 0648-XU30

Fisheries of the Exclusive Economic Zone Off Alaska; Pollock for

American Fisheries Act Catcher Vessels in the Inshore Open Access

Fishery 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; closure.

SUMMARY: NMFS is prohibiting directed fishing for pollock by American

Fisheries Act (AFA) trawl catcher vessels participating in the inshore open access fishery in the Bering Sea subarea of the Bering Sea and

Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2010 pollock total allowable catch (TAC) allocated to the inshore open access fishery in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 5, 2010, through 1200 hrs, A.l.t., June 10, 2010.

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 A season allowance of the 2010 Bering Sea pollock TAC allocated to the AFA inshore open access fishery in the BSAI is 2,762 metric tons

(mt) as established by the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009) and inseason adjustment (74 FR 68715, December 29, 2009). The actual 2010 Bering Sea subarea inshore cooperative allocations, including the inshore open access allocation, are posted at http://alaskafisheries.noaa.gov/ sustainablefisheries/afa/afa_sf.htm.

In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska

Region, NMFS (Regional Administrator), has determined that the A season allowance of pollock TAC allocated to the AFA inshore open access fishery, which is catching pollock for processing by the inshore component in the Bering Sea subarea, will soon be reached. Therefore, the Regional Administrator is establishing the A season allowance of pollock TAC as the directed fishing allowance. 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 pollock by AFA trawl catcher vessels participating in the inshore open access fishery in the Bering Sea subarea.

After the effective date of this closure 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

Page 6589

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 directing fishing for pollock by AFA trawl catcher vessels participating in the inshore open access fishery in the Bering Sea subarea. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 4, 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: February 5, 2010.

Alan D. Risenhoover,

Director, Office of Sustainable Fisheries, National Marine Fisheries

Service.

FR Doc. 2010-2936 Filed 2-5-10; 4:15 pm

BILLING CODE 3510-22-S