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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