[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Rules and Regulations]
[Pages 48665-48666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23070]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XR78


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch for Vessels in the Bering Sea and Aleutian Islands Trawl 
Limited Access Fishery in the Western Aleutian District of the Bering 
Sea and Aleutian Islands Management Area

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 ocean perch 
for vessels participating in the Bering Sea and Aleutian Islands (BSAI) 
trawl limited access fishery in the Western Aleutian District of the 
BSAI. This action is necessary to prevent exceeding the 2009 Pacific 
ocean perch total allowable catch (TAC) specified for vessels 
participating in the BSAI trawl limited access fishery in the Western 
Aleutian District of the BSAI.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), September 21, 
2009, through 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 
BSAI exclusive economic zone 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 Pacific ocean perch TAC allocated as a directed fishing 
allowance to vessels participating in the BSAI trawl limited access 
fishery in the Western Aleutian District of the BSAI is 116 metric tons 
as established by the final 2009 and 2010 harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2009 Pacific ocean perch TAC allocated to vessels participating in the 
BSAI trawl limited access fishery in the Western Aleutian District of 
the BSAI has been reached. Consequently, NMFS is prohibiting directed 
fishing for Pacific ocean perch for vessels participating in the BSAI 
trawl limited access fishery in the Western Aleutian District of the 
BSAI.
    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 Pacific ocean perch for vessels 
participating in the BSAI trawl limited access fishery in the Western 
Aleutian District of the BSAI. Delaying the closure of Pacific ocean 
perch after the Regional Administrator had determined that the TAC has 
been reached would be a conservation concern. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of September 18, 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

[[Page 48666]]

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: September 21, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-23070 Filed 9-21-09; 4:15 pm]
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