[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Pages 23658-23659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11776]


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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.

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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

[[Page 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 Sec.  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 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. 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 Sec.  679.20 and Sec.  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]
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