[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Page 19021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9566]



[[Page 19021]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XO85


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod 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; reallocation.

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SUMMARY:  NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet (< 
18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the B season apportionment of the 2009 
total allowable catch (TAC) of Pacific cod to be harvested.

DATES:  Effective April 22, 2009, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2009.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 apportionment of the 2009 Pacific cod TAC specified 
for vessels using jig gear in the BSAI is 441 metric tons (mt) as 
established by the final 2009 and 2010 harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009), for the period 
1200 hrs, A.l.t., April 30, 2009, through 1200 hrs, A.l.t., August 31, 
2009.
    The Administrator, Alaska Region, NMFS, has determined that jig 
vessels will not be able to harvest 400 mt of the B season 
apportionment of the 2009 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 400 mt of Pacific cod from the B 
season jig gear apportionment to catcher vessels <60 feet (18.3 m) LOA 
using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (74 FR 7359, February 17, 
2009) are revised as follows: 41 mt to the B season apportionment for 
vessels using jig gear and 4,737 mt to catcher vessels <60 feet (18.3 
m) LOA using hook-and-line or pot gear.

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 reallocation of Pacific cod specified from jig vessels 
to catcher vessels <60 feet (18.3 m) LOA using hook-and-line or pot 
gear. Since the fishery is currently open, it is important to 
immediately inform the industry as to the revised allocations. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet as well as processors. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of April 20, 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 21, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-9566 Filed 4-22-09; 4:45 pm]
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