Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Rules and Regulations 5623 

mortality of endangered right whales. 

The regulations establishing the DAM 

program are designed to enable the 

agency to help protect unexpected 

concentrations of right whales. In order 

to meet the goals of the DAM program, 

the agency needs to be able to create a 

DAM zone and implement restrictions 

on fishing gear as soon as possible once 

the criteria are triggered and NMFS 

determines that a DAM restricted zone 

is appropriate. If NMFS were to provide 

prior notice and an opportunity for 

public comment upon the creation of a 

DAM restricted zone, the aggregated 

right whales would be vulnerable to 

entanglement which could result in 

serious injury and mortality. 

Additionally, the right whales would 

most likely move on to another location 

before NMFS could implement the 

restrictions designed to protect them, 

thereby rendering the action obsolete. 

Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to implement a DAM restricted zone to 

reduce the risk of entanglement of 

endangered right whales in commercial 

lobster trap/pot and anchored gillnet 

gear as such procedures would be 

impracticable. 

For the same reasons, the AA finds 

that, under 5 U.S.C. 553(d)(3), good 

cause exists to waive the 30-day delay 

in effective date. If NMFS were to delay 

for 30 days the effective date of this 

action, the aggregated right whales 

would be vulnerable to entanglement, 

which could cause serious injury and 

mortality. Additionally, right whales 

would likely move to another location 

between the time NMFS approved the 

action creating the DAM restricted zone 

and the time it went into effect, thereby 

rendering the action obsolete and 

ineffective. Nevertheless, NMFS 

recognizes the need for fishermen to 

have time to either modify or remove (if 

not in compliance with the required 

restrictions) their gear from a DAM zone 

once one is approved. Thus, NMFS 

makes this action effective 2 days after 

the date of publication of this document 

in the Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means upon 

issuance of the rule by the AA, thereby 

providing approximately 3 additional 

days of notice while the Office of the 

Federal Register processes the 

document for publication. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3). 

Dated: January 15, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–2018 Filed 1–27–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XM85 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

run-around gillnet fishery for king 

mackerel in the exclusive economic 

zone (EEZ) in the southern Florida west 

coast subzone. This closure is necessary 

to protect the Gulf king mackerel 

resource. 

DATES: The closure is effective 6 a.m., 

local time, January 30, 2009, through 6 

a.m., January 19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001), NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. On April 27, 2000, 

NMFS implemented the final rule (65 

FR 16336, March 28, 2000) that divided 

the Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota implemented for the 

southern Florida west coast subzone is 

1,040,625 lb (472,020 kg). That quota is 

further divided into two equal quotas of 

520,312 lb (236,010 kg) for vessels in 

each of two groups fishing with runaround gillnets and hook-and-line gear 

(50 CFR 622.42(c)(1)(i)(A)(2)(i)). 

The southern subzone is that part of 

the Florida west coast subzone, which 

from November 1 through March 31, 

extends south and west from 26°19.8′ N. 

lat. (a line directly west from the Lee/ 

Collier County, FL, boundary) to 

25°20.4′ N. lat. (a line directly east from 

the Monroe/Miami-Dade County, FL, 

boundary), i.e., the area off Collier and 

Monroe Counties. From April 1 through 

October 31, the southern subzone is that 

part of the Florida west coast subzone 


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5624 Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Rules and Regulations 

which is between 26°19.8′ N. lat. (a line 

directly west from the Lee/Collier 

County, FL, boundary) and 25°48′ N. lat. 

(a line directly west from the Collier/ 

Monroe County, FL, boundary), i.e., the 

area off Collier County (50 CFR 

622.42(c)(1)(i)(A)(3)). 

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota of 520,312 lb (236,010 

kg) for Gulf group king mackerel for 

vessels using run-around gillnet gear in 

the southern Florida west coast subzone 

was reached on January 29, 2009. 

Accordingly, the commercial fishery for 

king mackerel for such vessels in the 

southern Florida west coast subzone is 

closed at 6 a.m., local time, January 30, 

2009, through 6 a.m., January 19, 2010, 

the beginning of the next fishing season, 

i.e., the day after the 2010 Martin Luther 

King Jr. Federal holiday. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fishery constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself already has been subject to notice 

and comment, and all that remains is to 

notify the public of the closure. 

NMFS also finds good cause that the 

implementation of this action cannot be 

delayed for 30 days. There is a need to 

implement this measure in a timely 

fashion to prevent a quota overrun of 

the commercial run-around gillnet 

fishery for king mackerel in the 

southern Florida west coast subzone, 

given the capacity of the fishing fleet to 

harvest the quota quickly. Any delay in 

implementing this action would be 

contrary to the Magnuson-Stevens Act 

and the FMP. Accordingly, under 5 

U.S.C. 553(d), a delay in the effective 

date is waived. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: January 27, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–2017 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–XM83 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Participating in the 

Amendment 80 Limited Access Fishery 

in Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for Pacific cod by vessels 

participating in the Amendment 80 

limited access fishery in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2009 halibut 

bycatch allowance specified for the 

trawl Pacific cod fishery category by 

vessels participating in the Amendment 

80 limited access fishery in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 20, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 halibut bycatch allowance 

specified for the trawl Pacific cod 

fishery category by vessels participating 

in the Amendment 80 limited access 

fishery for the Pacific cod fishery 

category in the BSAI is 1 metric ton as 

established by the 2008 and 2009 final 

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 

§ 679.21(e)(3)(vi)(B) and 

§ 679.21(e)(7)(v), the Administrator, 

Alaska Region, NMFS, has determined 

that the 2009 halibut bycatch allowance 

specified for the trawl Pacific cod 

fishery category by vessels participating 

in the Amendment 80 limited access 

fishery in the BSAI will be caught. 

Consequently, NMFS is closing directed 

fishing for Pacific cod by vessels 

participating in the Amendment 80 

limited access fishery in the BSAI. 

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 directed fishing for 

Pacific cod by vessels participating in 

the Amendment 80 limited access 

fishery in the BSAI. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of January 8, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: January 16, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–2023 Filed 1–27–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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