9964 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 

as the delayed effectiveness for this 

action, because prior notice and 

comment and a delayed effectiveness 

would be impracticable and contrary to 

the public interest. The regulations 

under § 658.85(a)(3)(iv)(D) grant the 

Regional Administrator the authority to 

adjust the Eastern GB cod trip limit to 

prevent over-harvesting or underharvesting the TAC allocation. This 

action would reduce the Eastern GB cod 

limit for all NE multispecies DAS 

vessels fishing in the U.S./Canada 

Management Area for the remainder of 

the 2008 fishing year. This action is 

intended to prevent the over-harvest of 

the Eastern GB cod TAC while allowing 

continued opportunities to achieve 

optimum yield in the NE multispecies 

fishery. 

It is important to take this action 

immediately to slow the rate of Eastern 

GB cod harvest. Any further delay of 

this action is likely to result in a 

precipitous harvest of the Eastern GB 

cod TAC which may require that the 

Eastern U.S./Canada Area be closed for 

the remainder of the 2008 fishing year, 

preventing the harvest of the remaining 

portion of the Eastern GB haddock TAC, 

and preventing harvest of GB yellowtail 

flounder in the Eastern U.S./Canada 

Management Area, thereby reducing the 

ability of fishers to maximize their 

fishing opportunities. Exceeding the 

2008 TAC for Eastern GB cod would 

increase mortality of this overfished 

stock beyond that evaluated during the 

development of Amendment 13, 

resulting in decreased revenue for the 

NE multispecies fishery, increased 

negative economic impacts to vessels 

operating in the Eastern U.S./Canada 

Management Area, a reduced chance of 

achieving optimum yield in the 

groundfish fishery, and unnecessary 

delays to the rebuilding of this 

overfished stock. Exceeding the 2008 

Eastern GB cod TAC would also 

necessitate that any overages during the 

2008 fishing year be deducted from the 

Eastern GB cod TAC for the 2009 fishing 

year. Reducing the 2009 TAC due to any 

2008 TAC overage as a result of delaying 

this action would create an unnecessary 

burden on the fishing industry and 

further negative economic and social 

impacts that were not previously 

considered. 

The Regional Administrator’s 

authority to decrease the trip limit for 

Eastern GB cod in the U.S./Canada 

Management Area to ensure the shared 

U.S./Canada stocks of fish are harvested, 

but not exceeded, was publicly 

considered and open to public comment 

during the development of Amendment 

13. Further, the potential of decreasing 

the Eastern GB cod trip limit was 

announced to the public when the 

current trip limit was implemented on 

December 23, 2008. The public is able 

to obtain information on the rate of 

harvest of the Eastern GB cod TAC via 

the NMFS Northeast Regional Office 

website (http://www.nero.noaa.gov), 

which provides at least some advanced 

notice of a potential action to prevent 

the TAC for Eastern GB cod from being 

exceeded during the 2008 fishing year. 

Therefore, any negative effect the 

waiving of public comment and delayed 

effectiveness may have on the public is 

mitigated by these factors. 

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. E9–4893 Filed 3–4–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0809251266–81485–02] 

RIN 0648–XN33 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason quota 

transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2009 commercial summer 

flounder quota to the Commonwealth of 

Virginia. By this action, NMFS adjusts 

the quotas and announces the revised 

commercial quota for each state 

involved. 

DATES: Effective March 4, 2009 through 

December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244, FAX (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from North Carolina through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state are described in § 648.100. 

The final rule implementing 

Amendment 5 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan, which was published 

on December 17, 1993 (58 FR 65936), 

provided a mechanism for summer 

flounder quota to be transferred from 

one state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), can transfer or combine 

summer flounder commercial quota 

under § 648.100(d). The Regional 

Administrator is required to consider 

the criteria set forth in § 648.100(d)(3) in 

the evaluation of requests for quota 

transfers or combinations. 

North Carolina has agreed to transfer 

23,130 lb (10,492 kg) of its 2009 

commercial quota to Virginia to cover 

the summer flounder landings of three 

North Carolina vessels granted safe 

harbor in Virginia due to mechanical 

issues between January 16 and January 

28, 2009. The Regional Administrator 

has determined that the criteria set forth 

in § 648.100(d)(3) have been met. The 

revised quotas for calendar year 2009 

are: North Carolina, 2,893,992 lb 

(1,312,693 kg) and Virginia, 2,341,054 lb 

(1,061,884 kg). 

Classification 

This action is taken under 50 CFR 

part 648 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. E9–4896 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. 09100091344–0956–02] 

RIN 0648–XN71 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Deep–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. 


dwashington3 on PROD1PC60 with RULES
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 


dwashington3 on PROD1PC60 with RULES