Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15887 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XN17 

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 Central 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. 

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 Central 

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 Central 

Aleutian District of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 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 

Central Aleutian District of the BSAI is 

379 metric tons as established by the 

2009 and 2010 final harvest 

specifications for groundfish in the 

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

In accordance with § 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 Central Aleutian 

District of the BSAI will soon be 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

ocean perch for vessels participating in 

the BSAI trawl limited access fishery in 

the Central Aleutian District of the 

BSAI. 

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 Pacific ocean perch 

for vessels participating in the BSAI 

trawl limited access fishery in the 

Central Aleutian District of the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 19, 

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 § 679.91 and is exempt from review 

under Executive Order 12866. 

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

Dated: April 2, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–7854 Filed 4–7–09; 8:45 am] 

BILLING CODE 3510–22–S 


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