38558 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

turtles that fail to revive within the 24– 

hour period must also be returned to the 

sea in the manner described in 

paragraph (f)(2)(vii) of this section, 

unless NMFS requests that the turtle or 

part thereof be kept on board and 

delivered to NMFS for research 

purposes. 

(vii) Sea turtle release. After handling 

a sea turtle in accordance with the 

requirements of paragraphs (f)(2)(v) and 

(f)(2)(vi) of this section, the sea turtle 

must be returned to the ocean after 

identification unless NMFS requests the 

retention of a dead sea turtle for 

research. In releasing a sea turtle the 

vessel owner or operator must: 

(A) Place the vessel engine in neutral 

gear so that the propeller is disengaged 

and the vessel is stopped; 

(B) Using the dip net or a turtle hoist 

to release the sea turtle with little 

impact, gently release the sea turtle 

away from any deployed gear; and 

(C) Observe that the turtle is safely 

away from the vessel before engaging 

the propeller and continuing operations. 

(viii) Other sea turtle requirements. 

No sea turtle, including a dead turtle, 

may be consumed or sold. A sea turtle 

may be landed, offloaded, transshipped 

or kept below deck only if NMFS 

requests the retention of a dead sea 

turtle or a part thereof for research. 

[FR Doc. E9–18583 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ72 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District 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 Pacific ocean perch in the 

West Yakutat District of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2009 total 

allowable catch (TAC) of Pacific ocean 

perch in the West Yakutat District of the 

GOA. 

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: 

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 Pacific ocean perch 

in the West Yakutat District of the GOA 

is 1,108 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)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2009 TAC of Pacific 

ocean perch in the West Yakutat District 

of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 1,098 mt, and is setting 

aside the remaining 10 mt as bycatch to 

support other anticipated 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 

in the West Yakutat District of the GOA. 

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 

in the West Yakutat District 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 29, 

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 30, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–18582 Filed 7–30–09; 8:45 am] 

BILLING CODE 3510–22–S 


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