Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 9965 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

deep–water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the first seasonal apportionment of the 

Pacific halibut bycatch allowance 

specified for the deep–water species 

fishery in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 3, 2009, through 

1200 hrs, A.l.t., April 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 first seasonal apportionment of 

the Pacific halibut bycatch allowance 

specified for the deep–water species 

fishery in the GOA is 100 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., 

January 20, 2009, through 1200 hrs, 

A.l.t., April 1, 2009. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the first 

seasonal apportionment of the Pacific 

halibut bycatch allowance specified for 

the trawl deep–water species fishery in 

the GOA has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for the deep–water 

species fishery by vessels using trawl 

gear in the GOA. The species and 

species groups that comprise the deep– 

water species fishery include sablefish, 

rockfish, deep–water flatfish, rex sole, 

and arrowtooth flounder. 

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 the deep–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 March 2, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 4, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4889 Filed 3–4–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XN69 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (< 18.3 meters 

(m)) length overall (LOA) using hook– 

and–line or pot gear in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the A season apportionment of the 2009 

total allowable catch (TAC) of Pacific 

cod to be harvested. 

DATES: Effective March 4, 2009, through 

2400 hrs, Alaska local time (A.l.t.), 

December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 A season apportionment of the 

2009 Pacific cod TAC specified for 

vessels using jig gear in the BSAI is 

1,324 metric tons (mt) as established by 

the final 2009 and 2010 harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009), 

for the period 1200 hrs, A.l.t., January 

1, 2009, through 1200 hrs, A.l.t., April 

30, 2009. 

The Administrator, Alaska Region, 

NMFS, has determined that jig vessels 

will not be able to harvest 1,200 mt of 

the A season apportionment of the 2009 

Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A)(1). 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS apportions 

1,200 mt of Pacific cod from the A 

season jig gear apportionment to catcher 

vessels < 60 feet (18.3 m) LOA using 

hook–and–line or pot gear. 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009) 

are revised as follows: 124 mt to the A 

season apportionment for vessels using 

jig gear and 4,337 mt to catcher vessels 

< 60 feet (18.3 m) LOA using hook–and– 

line or pot gear. 

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 reallocation of Pacific cod 

specified from jig vessels to catcher 

vessels < 60 feet (18.3 m) LOA using 

hook–and–line or pot gear. Since the 

fishery is currently open, it is important 

to immediately inform the industry as to 

the revised allocations. Immediate 


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9966 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 

notification is necessary to allow for the 

orderly conduct and efficient operation 

of this fishery, to allow the industry to 

plan for the fishing season, and to avoid 

potential disruption to the fishing fleet 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 4, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4891 Filed 3–4–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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