Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 16145 

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 a 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 Atka mackerel 

fishery in the Eastern Aleutian District 

and the Bering Sea subarea for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of April 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Atka mackerel fishery in the Eastern 

Aleutian District and the Bering Sea 

subarea for vessels participating in the 

BSAI trawl limited access fishery to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until April 20, 2009. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: April 3, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–8007 Filed 4–3–09; 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–XO14 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by trawl catcher 

vessels in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the B season allowance of the 2009 

Pacific cod allowable catch (TAC) 

specified for trawl catcher vessels in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 5, 2009, though 1200 

hrs, A.l.t., June 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

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 B season allowance of the 2009 

Pacific cod TAC allocated to trawl 

catcher vessels in the BSAI is 3,832 

metric tons (mt) as established by the 

final 2009 and 2010 harvest 

specifications for groundfish in the 

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

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the B season 

allowance of the 2009 Pacific cod TAC 

allocated to trawl catcher vessels in the 

BSAI will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 3,782 mt, and is setting 

aside the remaining 50 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 Pacific cod by trawl 

catcher vessels in 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 cod by trawl 

catcher vessels in 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 April 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 3, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–8011 Filed 4–3–09; 4:15 pm] 

BILLING CODE 3510–22–S 

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