44298 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

pertains to the determination criteria. 

These data included, but were not 

limited to, current and previous catch 

and effort rates, quota availability, 

previous public comments on inseason 

management measures, stock status, etc. 

NMFS will continue to monitor the BFT 

fishery closely through the mandatory 

dealer landing reports, which NMFS 

requires to be submitted within 24 

hours of a dealer receiving BFT. 

Depending on the level of fishing effort 

and catch rates of BFT, NMFS may 

determine that additional retention limit 

adjustments are necessary to ensure 

available quota is not exceeded or to 

enhance scientific data collection from, 

and fishing opportunities in, all 

geographic areas. 

Closures of the General and Harpoon 

categories or subsequent adjustments to 

the General category daily retention 

limit, if any, will be published in the 

Federal Register. In addition, fishermen 

may call the Atlantic Tunas Information 

Line at (888) 872–8862 or (978) 281– 

9260, or access the internet at 

www.hmspermits.gov, for updates on 

quota monitoring and retention limit 

adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for public comment on, 

this action for the following reasons: 

The regulations implementing the 

Consolidated HMS FMP provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. Affording prior notice and 

opportunity for public comment to 

implement these retention limits is 

impracticable as it would preclude 

NMFS from acting promptly to allow 

harvest of BFT that are available on the 

fishing grounds. Analysis of available 

data shows that the General category 

BFT retention limits may be increased 

with minimal risks of exceeding the 

ICCAT-allocated quota. 

Delays in increasing the daily 

retention limit would adversely affect 

those General and Charter/Headboat 

category vessels that would otherwise 

have an opportunity to harvest more 

than the default retention limit of one 

BFT per day and may exacerbate the 

problem of low catch rates and quota 

rollovers. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts to 

U.S. fishermen that either depend upon 

catching the available quota within the 

time periods designated in the 

Consolidated HMS FMP. Adjustment to 

the retention limit must be effective 

September 1, 2009, to minimize any 

unnecessary disruption in fishing 

patterns and for the impacted sectors to 

benefit from the adjustments so as to not 

preclude fishing opportunities from 

fishermen who only have access to the 

fishery during this time period. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction by increasing the General 

category retention limit from the default 

of one fish per vessel/trip to three fish 

per vessel/trip, the AA also finds good 

cause under 5 U.S.C. 553(d) to waive the 

30-day delay in effectiveness. This 

action is being taken under 50 CFR 

635.23(a)(4) and (b)(3) and is exempt 

from review under Executive Order 

12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 24, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–20806 Filed 8–25–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XR20 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 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 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2009 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 26, 2009, through 

1200 hrs, A.l.t., October 1, 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. 

The C season allowance of the 2009 

TAC of pollock in Statistical Area 630 

of the GOA is 3,550 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). In accordance with 

§ 679.20(a)(5)(iv)(B) the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby decreases the C 

season pollock allowance by 2,071 mt, 

to reflect the total amount of pollock 

TAC that has been caught prior to the 

C season in Statistical Area 630. 

Therefore, the revised C season 

allowance of the pollock TAC in 

Statistical Area 630 is 1,479 mt (3,550 

mt minus 2,071 mt). 

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

the Regional Administrator has 

determined that the C season allowance 

of the 2009 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 1,469 mt, and is 

setting aside the remaining 10 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 630 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 630 of the GOA. NMFS 


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Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 44299 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 21, 

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: August 24, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–20802 Filed 8–25–09; 4:15 pm] 

BILLING CODE 3510–22–S 


jlentini on DSKJ8SOYB1PROD with RULES