[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Rules and Regulations]
[Page 45378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21172]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XR33


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in 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 species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska (GOA). This action is necessary because the fourth 
seasonal apportionment of the 2009 Pacific halibut bycatch allowance 
specified for the shallow-water species fishery in the GOA has been 
reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 2, 
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 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 fourth seasonal apportionment of the 2009 Pacific halibut 
bycatch allowance specified for the shallow-water species fishery in 
the GOA is 150 metric tons as established by the final 2009 and 2010 
harvest specifications for groundfish of the GOA (74 FR 7333, February 
17, 2009), for the period 1200 hrs, A.l.t., September 1, 2009, through 
1200 hrs, A.l.t., October 1, 2009.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS, has determined that the fourth seasonal apportionment of 
the 2009 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA has been reached. 
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear in the GOA. The 
species and species groups that comprise the shallow-water species 
fishery are pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, skates and ``other species.'' This inseason action 
does not apply to fishing for pollock by vessels using pelagic trawl 
gear in those portions of the GOA open to directed fishing for pollock. 
This inseason action does not apply to vessels fishing under a 
cooperative quota permit in the cooperative fishery in the Rockfish 
Pilot Program for the Central 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 closure of the shallow-water species fishery by vessels 
using trawl gear in 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-21172 Filed 8-28-09; 4:15 pm]
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