Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Rules and Regulations 5625 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XM87 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in 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 pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2009 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 22, 2009, through 

1200 hrs, A.l.t., March 10, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

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 A season allowance of the 2009 

TAC of pollock in Statistical Area 610 

of the GOA is 3,234 metric tons (mt) as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008) and inseason adjustment (74 FR 

233, January 5, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2009 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,200 mt, and is 

setting aside the remaining 34 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 pollock in Statistical 

Area 610 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 pollock in 

Statistical Area 610 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 January 20, 

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: January 22, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–2024 Filed 1–27–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XM81 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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; closures and 

openings. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) for 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to prevent exceeding the 2009 

A season total allowable catch (TAC) of 

Atka mackerel in these areas for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS is also 

announcing the opening and closing 

dates of the first and second directed 

fisheries within the harvest limit area 

(HLA) in Statistical Areas 542 and 543. 

These actions are necessary to conduct 

directed fishing for Atka mackerel in the 

HLA in areas 542 and 543. 

DATES: The effective dates are provided 

in Table 1 under the SUPPLEMENTARY

INFORMATION section of this temporary 

action. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 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 2009 A season TAC of Atka 

mackerel for vessels participating in the 

BSAI trawl limited access fishery in the 

Eastern Aleutian District and the Bering 

Sea subarea was established as 244 

metric tons (mt) by the final 2008 and 

2009 harvest specifications for 

groundfish in the BSAI (73 FR 10160, 

February 26, 2008) and as posted as the 

2009 Allocations at http:// 

alaskafisheries.noaa.gov/ 

sustainablefisheries/amds/80/ 

2009allocationtables.pdf. 

In accordance with § 679.20(d)(1)(i) 

and (d)(1)(ii)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that 244 

mt of the 2009 A season Atka mackerel 

TAC for vessels participating in the 

BSAI trawl limited access fishery in the 

Eastern Aleutian District and the Bering 

Sea subarea will be necessary as 

incidental catch to support other 

anticipated groundfish fisheries. 

Therefore, the Regional Administrator is 

establishing a directed fishing 


erowe on PROD1PC63 with RULES