Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37655 

FOR FURTHER INFORMATION CONTACT: 

Patty Britza, 907–586–7376. 

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 MagnusonStevens 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 2009 TAC of shortraker rockfish 

in the Western Regulatory Area of the 

GOA is 120 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2009 TAC of 

shortraker rockfish in the Western 

Regulatory Area of the GOA has been 

reached. Therefore, NMFS is requiring 

that shortraker rockfish caught in the 

Western Regulatory Area of the GOA be 

treated as prohibited species in 

accordance with § 679.21(b). 

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 prohibition of retention of 

shortraker rockfish in the Western 

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 July 23, 2009. 

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. 

Dated: July 24, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–18065 Filed 7–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XQ58 

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 2009 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 24, 2009, through 1200 

hrs, A.l.t., September 1, 2009. 

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 MagnusonStevens 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 2009 allocations of northern 

rockfish and PSR for vessels 

participating in the entry level trawl 

fishery Central District of the GOA are 

0 metric tons as established by the final 

2009 and 2010 harvest specifications for 

groundfish in the GOA (74 FR 7333, 

February 17, 2009). 

Consequently, in accordance with 

§ 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 

rockfish fishery in the Central 

Regulatory Area of the GOA, because 

there is no available allocation for a 

directed fishery. 

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. 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 § 679.20 

and § 679.83 and is exempt from review 

under Executive Order 12866. 

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

Dated: July 24, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–18066 Filed 7–24–09; 8:45 am] 

BILLING CODE 3510–22–S 


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