Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 38985 

Issued on: July 31, 2009. 

Ronald L. Medford, 

Acting Deputy, Administrator. 

[FR Doc. E9–18835 Filed 8–3–09; 4:15 pm] 

BILLING CODE 4910–59–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ75 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Other Rockfish in the 

Western 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 retention 

of ‘‘other rockfish’’ in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2009 total allowable catch (TAC) of 

‘‘other rockfish’’ in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 31, 2009, through 2400 

hrs, A.l.t., December 31, 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 TAC of ‘‘other rockfish’’ in 

the Western Regulatory Area of the GOA 

is 357 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 ‘‘other 

rockfish’’ in the Western Regulatory 

Area of the GOA has been reached. 

Therefore, NMFS is requiring that 

‘‘other 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 

‘‘other 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 30, 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 31, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–18703 Filed 7–31–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ76 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western 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 retention 

of Pacific ocean perch in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2009 total allowable catch (TAC) of 

Pacific ocean perch in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 31, 2009, through 2400 

hrs, A.l.t., December 31, 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 TAC of Pacific ocean perch 

in the Western Regulatory Area of the 

GOA is 3,713 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 Pacific 

ocean perch in the Western Regulatory 

Area of the GOA has been reached. 

Therefore, NMFS is requiring that 

Pacific ocean perch 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 30, 2009. 

The AA also finds good cause to 

waive the 30–day delay in the effective 


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