Fisheries of the Exclusive Economic Zone Off Alaska: Northern Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels Participating in the Entry Level Rockfish Fishery, etc.; Closure

Federal Register: July 7, 2010 (Volume 75, Number 129)

Rules and Regulations

Page 38937-38938

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

DOCID:fr07jy10-7

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 0910131362-0087-02

RIN 0648-XX34

Fisheries of the Exclusive Economic Zone Off Alaska; Northern

Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels

Participating in the Entry Level Rockfish 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.

SUMMARY: NMFS is prohibiting directed fishing for northern rockfish and pelagic shelf rockfish (PSR) for trawl catcher vessels participating in the entry level rockfish fishery in the Central

Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 allocation of northern rockfish and PSR allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2010, through 1200 hrs, A.l.t., September 1, 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 allocations of northern rockfish and PSR for vessels participating in the entry level trawl fishery in the Central

Regulatory Area of the GOA are 0 metric tons as established by the final 2010 and 2011 harvest specifications for groundfish in the GOA

(75 FR 11749, March 12, 2010).

Consequently, in accordance with Sec. 679.83(a)(3), the

Administrator, Alaska Region, NMFS, deems it appropriate for conservation and management purposes to not open directed fishing for northern rockfish and PSR for trawl catcher vessels participating in the entry level

Page 38938

rockfish fishery in the Central Regulatory Area of the GOA, because there is no available allocation for directed fishing.

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 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. Notice and comment is unnecessary because there is no available fish for an allocation and therefore the

Regional Administrator has no discretion for any action other than to prohibit directed fishing.

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 Sec. 679.83 and is exempt from review under Executive Order 12866.

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

Dated: July 1, 2010.

Carrie Selberg,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

FR Doc. 2010-16470 Filed 7-1-10; 4:15 pm

BILLING CODE 3510-22-S