[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 30013-30014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14872]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XP97


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot, Arrowtooth Flounder, and Sablefish by Vessels Participating in 
the Amendment 80 Limited Access Fishery in Bering Sea and Aleutian 
Islands Management Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing directed fishing for Greenland turbot, 
arrowtooth flounder, and sablefish by vessels participating in the 
Amendment 80 limited access fishery in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding the 2009 halibut bycatch allowance specified for the trawl 
Greenland turbot, arrowtooth flounder, and sablefish fishery category 
by vessels participating in the Amendment 80 limited access fishery in 
the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 19, 2009, 
through 2400 hrs, A.l.t., December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (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 halibut bycatch allowance specified for the trawl 
Greenland turbot, arrowtooth flounder, and sablefish fishery category 
by vessels participating in the Amendment 80 limited access fishery in 
the BSAI is 5 metric tons as established by the final 2009 and 2010 
harvest specifications for groundfish in the BSAI (74 FR 7359, February 
17, 2009).
    In accordance with Sec.  679.21(e)(3)(vi)(B) and Sec.  
679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined 
that the 2009 halibut bycatch allowance specified for the trawl 
Greenland turbot, arrowtooth flounder, and sablefish fishery category 
by vessels participating in the Amendment 80 limited access fishery in 
the BSAI has been caught. Consequently, NMFS is closing directed 
fishing for Greenland turbot, arrowtooth flounder, and sablefish by 
vessels participating in the Amendment 80 limited access fishery in the 
BSAI.
    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. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the closure of directed fishing for Greenland turbot, 
arrowtooth flounder, and sablefish by vessels participating in the 
Amendment 80 limited access fishery in the BSAI. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of June 18, 2009.
    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

[[Page 30014]]

the reasons provided above for waiver of prior notice and opportunity 
for public comment.
    This action is required by Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: June 19, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-14872 Filed 6-19-09; 4:15 pm]
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