Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22477 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for tilefishes 

in the Gulf of Mexico at 440,000 lb 

(200,000 kg) for the current fishing year, 

January 1 through December 31, 2009. 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. Based 

on current statistics, NMFS has 

determined that the available 

commercial quota of 440,000 lb (200,000 

kg) for tilefishes will be reached on or 

before May 15, 2009. Accordingly, 

NMFS is closing the commercial fishery 

for tilefishes in the Gulf of Mexico EEZ 

from 12:01 a.m., local time, on May 15, 

2009, through December 31, 2009. The 

operator of a vessel with a valid 

commercial vessel permit for Gulf reef 

fish having tilefishes aboard must have 

landed and bartered, traded, or sold 

such tilefishes prior to 12:01 a.m., local 

time, May 15, 2009. 

During the closure, the bag and 

possession limits specified in 50 CFR 

622.39(b) apply to all harvest or 

possession of tilefishes in or from the 

Gulf of Mexico EEZ, and the sale or 

purchase of tilefishes taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to sale 

or purchase of tilefishes that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, May 15, 2009, 

and were held in cold storage by a 

dealer or processor. Vessels with 

commercial quantities of other Gulf reef 

fish on board are prohibited from 

retaining a recreational bag limit of 

tilefishes. 

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action to 

protect the fishery since the capacity of 

the fishing fleet allows for rapid harvest 

of the quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: May 7, 2009 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–11153 Filed 5–8–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XN95 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish 

and Pelagic Shelf Rockfish for Trawl 

Catcher Vessels Participating in the 

Entry Level Rockfish Fishery in the 

Central Regulatory Area 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 northern rockfish and pelagic 

shelf rockfish (PSR) for trawl catcher 

vessels participating in the entry level 

rockfish fishery in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2009 allocation of 

northern rockfish and PSR allocated to 

trawl catcher vessels participating in the 

entry level rockfish fishery in the 

Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 8, 2009, through 1200 

hrs, A.l.t., September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 2009 allocations of northern 

rockfish and PSR for vessels 

participating in the entry level trawl 

fishery Central District of the GOA are 

0 metric tons as established by the final 

2009 and 2010 harvest specifications for 

groundfish in the GOA (74 FR 7333, 

February 17, 2009). 

Consequently, in accordance with 

§ 679.83(a)(3), the Administrator, Alaska 

Region, NMFS, deems it appropriate for 

conservation and management purposes 

to not open directed fishing for northern 

rockfish and PSR for trawl catcher 

vessels participating in the entry level 

rockfish fishery in the Central 

Regulatory Area of the GOA, because 

there is no available allocation for a 

directed fishery. 

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. Notice and comment is 

unnecessary because there is no 

available fish for an allocation and 

therefore the Regional Administrator 

has no discretion for any action other 

than to prohibit directed fishing. 

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 § 679.83 and is exempt from review 

under Executive Order 12866. 

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

Dated: May 8, 2009. 

Kristen C. Koch 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–11148 Filed 5–8–09; 4:15 pm] 

BILLING CODE 3510–22–S