Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23659 

metric tons (mt) for Pacific ocean perch, 

10 mt for northern rockfish, and 5 mt for 

pelagic shelf rockfish as established by 

the final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2009), and as 

posted as the 2009 Rockfish Program 

Allocations at http:// 

www.fakr.noaa.gov/sustainablefisheries/ 

goarat/default.htm. 

Consequently, in accordance with 

§ 679.82(b)(6), the Administrator, Alaska 

Region, NMFS, deems it appropriate to 

not open directed fishing for northern 

rockfish, Pacific ocean perch, and 

pelagic shelf rockfish for catcher vessels 

participating in the limited access 

rockfish fishery in the Central 

Regulatory Area of the GOA because 

there are insufficient allocations to 

support 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 are 

insufficient allocations to support a 

directed fishery 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 § 679.82 and is exempt from review 

under Executive Order 12866. 

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

Dated: May 14, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–11776 Filed 5–19–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XP21 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Deep–Water Species 

Fishery by Catcher Vessels 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 for catcher 

vessels subject to sideboard limits 

established under the Central Gulf of 

Alaska (GOA) Rockfish Program in the 

GOA. This action is necessary because 

the 2009 Pacific halibut prohibited 

species catch (PSC) sideboard limit 

specified for the deep–water species 

fishery for catcher vessels subject to 

sideboard limits established under the 

Central GOA Rockfish Program in the 

GOA is insufficient to support directed 

fishing for the deep–water species 

fisheries. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 1, 2009, through 1200 

hrs, A.l.t., July 31, 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 2009 Pacific halibut PSC 

sideboard limit specified for the deep– 

water species fishery for catcher vessels 

subject to sideboard limits established 

under the Central GOA Rockfish 

Program in the GOA is 22 metric tons 

as established by § 679.82(d)(8)(i) and 

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., July 1, 2009, 

through 1200 hrs, A.l.t., July 31, 2009. 

In accordance with 

§ 679.82(d)(9)(i)(B), the Administrator, 

Alaska Region, NMFS, has determined 

that the 2009 Pacific halibut PSC 

sideboard limit specified for the deep– 

water species fishery for catcher vessels 

subject to sideboard limits established 

under the Central GOA Rockfish 

Program in the GOA is insufficient to 

support directed fishing for the deep– 

water species fisheries. Consequently, in 

accordance with § 679.82(d)(9)(ii)(B), 

NMFS is prohibiting directed fishing for 

species that comprise the deep–water 

species fishery for catcher vessels 

subject to sideboard limits established 

under the Central GOA Rockfish 

Program in the GOA. The species and 

species groups that comprise the deep– 

water species fishery for the sideboard 

limit include deep–water flatfish, rex 

sole, and arrowtooth flounder. 

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 

insufficient halibut PSC sideboard limit 

to support a directed fishery 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 § 679.82 and is exempt from review 

under Executive Order 12866. 

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

Dated: May 14, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–11780 Filed 5–19–09; 8:45 am] 

BILLING CODE 3510–22–S