[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Page 23127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 09100091344-9056-02]
RIN 0648-XN93


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish in the 
Western Regulatory Area and West Yakutat District of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for northern rockfish, 
Pacific ocean perch, and pelagic shelf rockfish for catcher vessels 
subject to sideboard limits established under the Central GOA Rockfish 
Program in the Western Regulatory Area and West Yakutat District of the 
Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 
sideboard limits of northern rockfish, Pacific ocean perch, and pelagic 
shelf rockfish established for catcher vessels in the Western 
Regulatory Area and West Yakutat District of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2009, 
through 2400 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 sideboard limits established for catcher vessels subject 
to sideboard limits in the Central GOA Rockfish Program in the West 
Yakutat District are 32 metric tons (mt) for Pacific ocean perch and 4 
mt for pelagic shelf rockfish. In addition, the 2009 sideboard limits 
established for catcher vessels subject to sideboard limits under the 
Central GOA Rockfish Program in the Western Regulatory Area are 0 mt 
for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish. 
The sideboard limits are established by the final 2009 and 2010 harvest 
specifications for groundfish of the GOA (74 FR 7333, February 17, 
2009).
    In accordance with Sec.  679.82(d)(7)(i)(B), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that these 
sideboard limits are insufficient to support a directed fishing 
allowance for Pacific ocean perch and pelagic shelf rockfish in the 
West Yakutat District, as well as insufficient to support a directed 
fishing allowance for Pacific ocean perch, pelagic shelf rockfish, and 
northern rockfish in the Western Regulatory Area. Therefore, the 
Regional Administrator is setting a directed fishing allowance of 0 mt 
for each of these sideboard species in the West Yakutat District and 
Western Regulatory Area. Consequently, pursuant to Sec.  
679.82(d)(7)(ii) NMFS is prohibiting directed fishing for Pacific ocean 
perch and pelagic shelf rockfish in the West Yakutat District and for 
northern rockfish, Pacific ocean perch, and pelagic shelf rockfish in 
the Western Regulatory Area by catcher vessels subject to sideboard 
limits in the Central GOA Rockfish Program, effective 1200 hrs, A.l.t, 
July 1, 2009, through 2400 hrs, A.l.t., July 31, 2009.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  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. Pursuant to 5 U.S.C. 553 (b)(B), the 
Assistant Administrator for Fisheries, NOAA (AA) finds good cause to 
waive prior notice and an opportunity for public comment on this 
action, as notice and comment is unnecessary. Notice and comment is 
unnecessary because the closure is non-discretionary; pursuant to Sec.  
679.82(d)(7)(ii), the Regional Administrator has no choice but to 
prohibit directed fishing once it is determined that the directed 
fishing sideboard limit has been attained.
    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.  679.82 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 11, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-11539 Filed 5-15-09; 8:45 am]
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