26804 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

possesses a valid shark research permit 

under § 635.32 and an NMFS–approved 

observer is onboard. A shark dealer, 

issued a permit pursuant to § 635.4, may 

not purchase or receive non–sandbar 

LCS in the Gulf of Mexico region from 

a vessel issued an Atlantic Shark LAP, 

except that a permitted shark dealer or 

processor may possess non–sandbar 

LCS that were harvested, off–loaded, 

and sold, traded, or bartered, prior to 

the effective date of the closure and 

were held in storage. However, a 

permitted shark dealer or processor may 

possess non–sandbar LCS that were 

harvested by a vessel issued a valid 

shark research fishery permit (per 

§ 635.32) with a NMFS–approved 

observer onboard during the trip the 

sharks were taken as long as the non– 

sandbar shark research fishery remains 

open. Under this closure, a shark dealer, 

issued a permit pursuant to § 635.4 may, 

in accordance with state regulations, 

purchase or receive a non–sandbar LCS 

in the Gulf of Mexico region if the 

sharks were harvested, off–loaded, and 

sold, traded, or bartered from a vessel 

that fishes only in state waters and that 

has not been issued a Shark LAP, HMS 

Angling permit, or HMS Charter/ 

Headboat permit pursuant to § 635.4. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing for 

prior notice and public comment for 

this action is impracticable and contrary 

to the public interest because the fishery 

is currently underway, and any delay in 

this action would cause overharvest of 

the quota and be inconsistent with 

management requirements and 

objectives. Similarly, affording prior 

notice and opportunity for public 

comment on this action is contrary to 

the public interest because if the quota 

is exceeded, the affected public is likely 

to experience reductions in the available 

quota and a lack of fishing opportunities 

in future seasons. Thus, for these 

reasons, the AA also finds good cause to 

waive the 30-day delay in effective date 

pursuant to 5 U.S.C. 553 (d)(3). This 

action is required under § 635.28(b)(2) 

and is exempt from review under 

Executive Order 12866. 

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

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13072 Filed 6–1–09; 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–XP57 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Deep–Water Species 

Fishery by Catcher Processor Rockfish 

Cooperatives 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 by catcher 

processor rockfish cooperatives 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 by catcher 

processor rockfish cooperatives 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 by catcher 

processor rockfish cooperatives subject 

to sideboard limits established under 

the Central GOA Rockfish Program in 

the GOA is 8 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 deep– 

water species fishery by catcher 

processor rockfish cooperatives 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 by catcher processor 

rockfish cooperatives 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 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13087 Filed 6–3–09; 8:45 am] 

BILLING CODE 3510–22–S