Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 19021 

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. 

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 hookand-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 § 679.20(a)(7)(ii)(A)(1). 

Therefore, in accordance with 

§ 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-andline 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-andline 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 § 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] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO13 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by 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 fully use the 2009 

total allowable catch (TAC) of Pacific 

cod specified for catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 30, 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., May 11, 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 number], 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; or 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 


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