51242 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations 

date of filing. From the effective date 

and time of the closure until NMFS 

announces, via a notice in the Federal 

Register, that additional quota is 

available and the season is reopened, 

the fishery for that specific quota is 

closed, even across fishing years. 

On December 24, 2008, NMFS 

announced that the sandbar shark quota 

for the shark research fishery for the 

2009 fishing year would be 87.5 metric 

tons (mt) dressed weight (dw) (193,784 

lb dw). Scientific observer reports 

received through June 26, 2009, and 

dealer reports through August 26, 2009, 

indicate that 79.6 mt dw or 90.5 percent 

of the available quota for the sandbar 

shark research fishery has been taken. 

Accordingly, NMFS is closing the 

commercial sandbar shark research 

fishery as of 11:30 p.m. local time 

October 13, 2009. The SCS and pelagic 

shark fisheries will remain open. 

During this closure, a fishing vessel, 

issued an Atlantic Shark Limited Access 

Permit (LAP) pursuant to § 635.4, may 

not possess or sell a sandbar shark, 

except under the conditions specified in 

§ 635.22(a) and (c) or if the vessel 

possesses a valid shark research permit 

under § 635.32 and an NMFS-approved 

observer is onboard. A shark dealer, 

issued a permit pursuant to § 635.4, may 

not purchase or receive sandbar sharks, 

except that a permitted shark dealer or 

processor may possess sandbar sharks 

that were harvested, off-loaded, and 

sold, traded, or bartered, prior to the 

effective date of the closure and were 

held in storage. Additionally, a shark 

dealer issued a Federal permit, pursuant 

to § 635.4 may, in accordance with state 

regulations, purchase or receive a 

sandbar shark if the shark was 

harvested, off-loaded, and sold, traded, 

or bartered from a vessel that fishes only 

in state waters and had not been issued 

a Shark LAP, HMS Angling permit, or 

HMS CHB permit under § 635.4. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing for 

prior notice and public comment for 

this action is impracticable and contrary 

to the public interest because the 

fisheries are currently underway, and 

any delay in this action would cause 

overharvest of the quota and be 

inconsistent with management 

requirements and objectives. Similarly, 

affording prior notice and opportunity 

for public comment on this action is 

contrary to the public interest because, 

if the quota is exceeded, the affected 

public is likely to experience reductions 

in the available quota and a lack of 

fishing opportunities in future seasons. 

Thus, for these reasons, the AA also 

finds good cause to waive the 30–day 

delay in effective date pursuant to 5 

U.S.C. 553 (d)(3). 

This action is required under 50 CFR 

635.28(b)(2) and is exempt from review 

under Executive Order 12866. 

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

Dated: September 29, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–23951 Filed 10–5–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XS04 

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 2009 total allowable catch (TAC) of 

pollock for Statistical Area 630 in the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

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

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

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 2009 TAC of pollock in Statistical 

Area 630 of the GOA is 11,058 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(d)(1)(i), 

the Regional Administrator has 

determined that 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 10,800 mt, and is setting 

aside the remaining 258 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 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

30, 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: October 1, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24074 Filed 10–1–09; 4:15 pm] 

BILLING CODE 3510–22–S 


CPrice-Sewell on DSKGBLS3C1PROD with RULES