[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Rules and Regulations]
[Pages 45378-45379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21170]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XR37


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Subject to Amendment 80 Sideboard Limits in the Western 
Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
Amendment 80 vessels subject to sideboard limits in the Western 
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary 
to prevent exceeding the 2009 Pacific cod sideboard limit established 
for Amendment 80 vessels subject to sideboard limits in the Western 
Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 28, 2009, 
until 2400 hrs, A.l.t., December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 679.
    The 2009 Pacific cod sideboard limit established for Amendment 80 
vessels subject to sideboard limits in the Western Regulatory Area of 
the GOA is two percent of the total allowable catch (TAC) according to 
Sec.  679.20 table 37 (http://www.alaskafisheries.noaa.gov/rr/tables/tabl37.pdf). Two percent of the TAC for Pacific cod in the Western 
Regulatory Area of the GOA is 324 metric tons (mt), as established by 
the final 2009 and 2010 harvest specifications for groundfish of the 
GOA (74 FR 7333, February 17, 2009) and

[[Page 45379]]

revisions (74 FR 11041, March 16, 2009).
    In accordance with Sec.  679.20(d)(1)(v)(A), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
Pacific cod sideboard limit established for Amendment 80 vessels 
subject to sideboard limits in the Western Regulatory Area of the GOA 
is sufficient to support a directed fishing allowance. Therefore, the 
Regional Administrator is establishing a sideboard directed fishing 
allowance for Pacific cod as 319 mt in the Western Regulatory Area of 
the GOA. The remaining 5 mt in the Western Regulatory Area of the GOA 
will be set aside as bycatch to support other anticipated groundfish 
fisheries. In accordance with Sec.  679.20(d)(1)(v)(C), the Regional 
Administrator finds that this Amendment 80 sideboard directed fishing 
allowance will be reached by the effective date of this temporary rule. 
Consequently, NMFS is prohibiting directed fishing for the 2009 Pacific 
cod sideboard limit by Amendment 80 vessels subject to sideboard limits 
in the Western Regulatory Area of the GOA.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  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 directed fishing closure of Pacific cod by Amendment 80 
vessels subject to sideboard limits in the Western 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 26, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 28, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-21170 Filed 8-28-09; 4:15 pm]
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