23658 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

Dated: May 14, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–11770 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–XP23 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shallow–Water 

Species Fishery by Catcher 

Processors 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 

shallow–water species fishery for 

catcher processors 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 

shallow–water species fishery for 

catcher processors subject to sideboard 

limits established under the Central 

GOA Rockfish Program in the GOA is 

insufficient to support directed fishing 

for the shallow–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. processors 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 

shallow–water species fishery for 

catcher processors subject to sideboard 

limits established under the Central 

GOA Rockfish Program in the GOA is 0 

metric tons as established by 

§ 679.82(d), the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009), and as posted as the Catcher 

Processor Sideboards at http:// 

www.fakr.noaa.gov/sustainablefisheries/ 

goarat/default.htm. 

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 

shallow–water species fishery for 

catcher processors subject to sideboard 

limits established under the Central 

GOA Rockfish Program in the GOA is 

insufficient to support directed fishing 

for the shallow–water species fisheries. 

Consequently, in accordance with 

§ 679.82(d)(9)(ii)(A), NMFS is 

prohibiting directed fishing for species 

that comprise the shallow–water species 

fishery for catcher processors subject to 

sideboard limits established under the 

Central GOA Rockfish Program in the 

GOA. The species and species groups 

that comprise the shallow–water species 

fishery for the sideboard limit are 

shallow–water flatfish and flathead sole. 

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 halibut PSC sideboard limit 

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. E9–11773 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–XP22 

Fisheries of the Exclusive Economic 

Zone Off Alaska; 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 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, Pacific 

ocean perch, and pelagic shelf rockfish 

for catcher vessels participating in the 

limited access rockfish fishery in the 

Central Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2009 total 

allowable catch (TAC) of northern 

rockfish, Pacific ocean perch, and 

pelagic shelf rockfish allocated to 

catcher vessels participating in the 

limited access rockfish fishery in the 

Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 1, 2009, through 2400 

hrs, A.l.t., December 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 rockfish TAC allocated as 

directed fishing allowances to catcher 

vessels participating in the limited 

access rockfish fishery in the Central 

Regulatory Area of the GOA are: 28