[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Rules and Regulations]
[Pages 11881-11882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6190]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02 and 0810141351-9087-02]
RIN 0648-XN73


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 
Managed Under the Individual Fishing Quota Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; opening.

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SUMMARY: NMFS is opening directed fishing for sablefish with fixed gear 
managed under the Individual Fishing Quota (IFQ) Program. The season 
will open 1200 hrs, Alaska local time (A.l.t.), March 21, 2009, and 
will close 1200 hrs, A.l.t., November 15, 2009. This period is the same 
as the 2009 IFQ and Community Development Quota season for Pacific 
halibut adopted by the International Pacific Halibut Commission (IPHC). 
The IFQ halibut season is specified by a separate publication in the 
Federal Register of annual management measures.

DATES: Effective 1200 hrs, A.l.t., March 21, 2009, until 1200 hrs, 
A.l.t., November 15, 2009.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific 
halibut and sablefish with fixed gear in the IFQ regulatory areas 
defined in Sec.  679.2 has been managed under the IFQ Program. The IFQ 
Program is a regulatory regime designed to promote the conservation and 
management of these fisheries and to further the objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act and the 
Northern Pacific Halibut Act. Persons holding quota share receive an 
annual allocation of IFQ. Persons receiving an annual allocation of IFQ 
are authorized to harvest IFQ species within specified limitations. 
Further information on the implementation of the IFQ Program, and the 
rationale supporting it, are contained in the preamble to the final 
rule implementing the IFQ Program published in the Federal Register, 
November 9, 1993 (58 FR 59375) and subsequent amendments.
    This announcement is consistent with Sec.  679.23(g)(1), which 
requires that the directed fishing season for sablefish managed under 
the IFQ Program be specified by the Administrator, Alaska Region, and 
announced by publication in the Federal Register. This method of season 
announcement was selected to facilitate coordination between the 
sablefish season, chosen by the Administrator, Alaska Region, and the 
halibut season, chosen by the IPHC. The directed fishing season for 
sablefish with fixed gear managed under the IFQ Program will open 1200 
hrs, A.l.t., March 21, 2009, and will close 1200 hrs, A.l.t., November 
15, 2009. This period runs concurrently with the IFQ season for Pacific 
halibut announced by the IPHC. The IFQ halibut season will be specified 
by a separate publication in the Federal Register of annual management 
measures pursuant to 50 CFR 300.62.

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 opening of the sablefish fishery thereby increasing 
bycatch and regulatory discards between the sablefish fishery and the 
halibut fishery,

[[Page 11882]]

and preventing the accomplishment of the management objective for 
simultaneous opening of these two fisheries. NMFS was unable to publish 
a notice providing time for public comment because the most recent, 
relevant data only became available as of March 13, 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.  679.23 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 16, 2009.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-6190 Filed 3-19-09; 8:45 am]
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