Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Rules and Regulations 19459 

quota and the percent allocated to each 

state are described in § 648.100. 

The final rule implementing 

Amendment 5 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan, which was published 

on December 17, 1993 (58 FR 65936), 

provided a mechanism for summer 

flounder quota to be transferred from 

one state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), can transfer or combine 

summer flounder commercial quota 

under § 648.100(d). The Regional 

Administrator is required to consider 

the criteria set forth in § 648.100(d)(3) in 

the evaluation of requests for quota 

transfers or combinations. 

North Carolina has agreed to transfer 

14,950 lb (6,781 kg) of its 2009 

commercial quota to Virginia to cover 

the summer flounder landings of one 

North Carolina vessel granted safe 

harbor in Virginia due to mechanical 

issues on February 26, 2009. In 

addition, Virginia has agreed to transfer 

9,530 lb (4,241 kg) of its 2009 

commercial quota to New Jersey to 

cover the summer flounder landings of 

one Virginia vessel granted safe harbor 

in New Jersey due to mechanical issues 

on February 27, 2009. The Regional 

Administrator has determined that the 

criteria set forth in § 648.100(d)(3) have 

been met. The revised quotas for 

calendar year 2009 are: North Carolina, 

2,879,042 lb (1,305,911 kg); Virginia, 

2,346,474 lb (1,064,343 kg); and New 

Jersey, 1,806,476 lb (819,404 kg). 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: April 24, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–9805 Filed 4–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–0956–02] 

RIN 0648–XO93 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Deep–Water Species 

Fishery by Vessels Using Trawl Gear in 

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 species that comprise the 

deep–water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the second seasonal apportionment of 

the Pacific halibut bycatch allowance 

specified for the deep–water species 

fishery in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 23, 2009, through 

1200 hrs, A.l.t., July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 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 second seasonal apportionment 

of the Pacific halibut bycatch allowance 

specified for the deep–water species 

fishery in the GOA is 300 metric tons as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009), for the period 1200 hrs, A.l.t., 

April 1, 2009, through 1200 hrs, A.l.t., 

July 1, 2009. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the second 

seasonal apportionment of the Pacific 

halibut bycatch allowance specified for 

the trawl deep–water species fishery in 

the GOA has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for the deep–water 

species fishery by vessels using trawl 

gear in the GOA. The species and 

species groups that comprise the deep– 

water species fishery include sablefish, 

rockfish, deep–water flatfish, rex sole, 

and arrowtooth flounder. This closure 

does not apply to fishing by vessels 

participating in the cooperative fishery 

in the Rockfish Pilot Program for the 

Central 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 the deep–water 

species fishery by vessels using trawl 

gear in 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 21, 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 24, 2009. 

Kristen C. Koch 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–9821 Filed 4–28–09; 8:45 am] 

BILLING CODE 3510–22–S 


tjames on PRODPC75 with RULES