18160 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XO73 

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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in the West Yakutat 

District of the Gulf of Alaska (GOA). 

This action is necessary to prevent 

exceeding the 2009 total allowable catch 

(TAC) of pollock in the West Yakutat 

District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 13, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 MagnusonStevens 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 TAC of pollock in the West 

Yakutat District of the GOA is 1,215 

metric tons (mt) as established by the 

final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2009). 

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

the Regional Administrator has 

determined that the 2009 TAC of 

pollock in the West Yakutat District of 

the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 1,200 mt, and is setting 

aside the remaining 15 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 pollock in the West 

Yakutat District of the GOA. 

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 pollock in the West 

Yakutat District of 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 April 10, 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 15, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–8997 Filed 4–20–09; 8:45 am] 

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