Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 42797 

recreational fisheries in the area from 

the U.S./Canada Border to the U.S./ 

Mexico Border, beginning May 1, 2009. 

The Regional Administrator (RA) 

consulted with representatives of the 

Pacific Fishery Management Council, 

Washington Department of Fish and 

Wildlife and Oregon Department of Fish 

and Wildlife on July 16, 2009. The 

information considered related to catch 

to date and Chinook and coho catch 

rates compared to quotas and other 

management measures established 

preseason. 

Inseason action #3 increased the 

commercial landing and possession 

limit for Chinook salmon in the area 

from the U.S./Canada Border to Cape 

Falcon, Oregon, from 40 to 75 Chinook 

salmon per vessel for each open period. 

This action was taken to provide greater 

access to Chinook salmon that were 

available for harvest within the 

guideline established preseason. On July 

16, 2009, the states recommended this 

action and the RA concurred; inseason 

action #3 took effect on July 18, 2009, 

until it is modified by any subsequent 

inseason actions. Modification in quota 

and/or fishing seasons is authorized by 

regulations at 50 CFR 660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2009 Ocean Salmon Fisheries and 

previous inseason actions. 

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason actions 

recommended by the states. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone in accordance 

with these Federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice of the 

described regulatory actions was given, 

prior to the date the action was 

effective, by telephone hotline number 

206–526–6667 and 800–662–9825, and 

by U.S. Coast Guard Notice to Mariners 

broadcasts on Channel 16 VHF-FM and 

2182 kHz. These actions do not apply to 

other fisheries that may be operating in 

other areas. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (73 FR 23971, May 1, 2008; 74 

FR 20610, May 5, 2009), the West Coast 

Salmon Plan, and regulations 

implementing the West Coast Salmon 

Plan 50 CFR 660.409 and 660.411. Prior 

notice and opportunity for public 

comment was impracticable because 

NMFS and the state agencies had 

insufficient time to provide for prior 

notice and the opportunity for public 

comment between the time the fishery 

catch and effort data were collected to 

determine the extent of the fisheries, 

and the time the fishery modifications 

had to be implemented in order to allow 

fishers access to the available fish at the 

time the fish were available. The AA 

also finds good cause to waive the 30– 

day delay in effectiveness required 

under U.S.C. 553(d)(3), as a delay in 

effectiveness of these actions would 

allow fishing at levels inconsistent with 

the goals of the Salmon Fishery 

Management Plan and the current 

management measures. 

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

exempt from review under Executive 

Order 12866. 

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

Dated: August 18, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–20490 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XR04 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Central 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 directed 

fishing for Pacific cod by non-American 

Fisheries Act (AFA) crab vessels that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the 2009 Pacific cod sideboard limit 

established for non-AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 1, 2009, through 

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

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The 2009 Pacific cod sideboard limit 

established for non-AFA crab vessels 

that are subject to sideboard limits 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the GOA is 815 

metric tons (mt) for the GOA, as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). 

In accordance with § 680.22(e)(2)(i), 

the Regional Administrator has 

determined that the 2009 Pacific cod 

sideboard limit established for non-AFA 

crab vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

sideboard directed fishing allowance of 

805 mt, and is setting aside the 

remaining 10 mt as bycatch to support 

other anticipated groundfish fisheries. 

In accordance with § 680.22(e)(3), the 

Regional Administrator finds that this 

sideboard directed fishing allowance 

has been reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area 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. 


srobinson on DSKHWCL6B1PROD with RULES
42798 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 

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 sideboard directed fishing 

closure of Pacific cod for non-AFA crab 

vessels that are subject to sideboard 

limits catching Pacific cod for 

processing by the inshore component in 

the Central 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 August 17, 

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 § 680.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 19, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–20422 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–22–S 


srobinson on DSKHWCL6B1PROD with RULES