Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17111 

how and when they can fish for cod, 

such as trip limits and restrictions on 

the number of hooks fished. Under the 

common pool rules implemented by FW 

42 (e.g., differential DAS counting) and 

Amendment 13 (restrictive daily trip 

limits for cod), it is likely that Fixed 

Gear Sector vessels would experience 

revenue losses in comparison to the 

proposed action. It is more likely under 

the No Action alternative that 

disruption to the Chatham and 

Harwichport communities would occur. 

A copy of this analysis is available from 

NMFS (see ADDRESSES). 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a letter to Fixed 

Gear Sector members that also serves as 

a small entity compliance guide (the 

guide) was prepared. Copies of this final 

rule are available from the Regional 

Administrator. The guide and this final 

rule will be available upon request. 

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

Dated: April 8, 2009. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. E9–8508 Filed 4–13–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO63 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Directed Fishing With 

Trawl Gear by American Fisheries Act 

Catcher Processors in Bycatch 

Limitation Zone 1 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 with trawl gear, other than 

pelagic trawl gear for walleye pollock, 

by American Fisheries Act (AFA) trawl 

catcher processors in Bycatch 

Limitation Zone 1 of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the sideboard limit of 

the 2009 bycatch allowance of red king 

crab in Zone 1 specified for AFA trawl 

catcher processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 7, 2009, though 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 sideboard limit of the 2009 

bycatch allowance of red king crab in 

Zone 1 specified for the AFA trawl 

catcher processors in the BSAI is 1,231 

crab as established by the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009). 

In accordance with § 679.64(a)(2) and 

(3), the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the sideboard limit of 

red king crab in Zone 1 specified for the 

AFA catcher processors in the BSAI will 

be caught. Therefore, NMFS is 

prohibiting directed fishing with trawl 

gear in Zone 1, other than pelagic trawl 

gear for walleye pollock, by AFA trawl 

catcher processors in the BSAI. 

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 directed fishing 

with trawl gear, other than pelagic trawl 

gear for walleye pollock, by AFA trawl 

catcher processors 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 6, 

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: April 8, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–8510 Filed 4–13–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XO32 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in the West 

Yakutat District of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in the West Yakutat 

District of the Gulf of Alaska (GOA). 

This action is necessary to fully use the 

2009 total allowable catch (TAC) of 

pollock specified for the West Yakutat 

District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 8, 2009, through 2400 

hrs, A.l.t., December 31, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 28, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

XO32, by any one of the following 

methods: