Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 32469 

fishing under a Regular B DAS, may not 

land more than 100 lb (45.5 kg) per 

DAS, or any part of a DAS, up to a 

maximum of 1,000 lb (454 kg) per trip 

of any of the following species/stocks 

from the areas specified in paragraph 

(b)(10)(v) of this section: Cod, pollock, 

white hake, witch flounder, GB winter 

flounder, GB yellowtail flounder, and 

southern windowpane flounder; and 

may not land more than 25 lb (11.3 kg) 

per DAS, or any part of a DAS, up to a 

maximum of 250 lb (113 kg) per trip of 

CC/GOM or SNE/MA yellowtail 

flounder. In addition, trawl vessels that 

are required to fish with a haddock 

separator trawl or Ruhle trawl, as 

specified under paragraph (b)(10)(iv)(J) 

of this section, gillnet gear, and other 

gear that may be required in order to 

reduce catches of stocks of concern as 

described under paragraph (b)(10)(iv)(J) 

of this section, are restricted to the 

following trip limits: 500 lb (227 kg) of 

all flatfish species (American plaice, 

witch flounder, winter flounder (GOM 

or GB), windowpane flounder (south), 

and yellowtail flounder), combined; 500 

lb (227 kg) of monkfish (whole weight); 

500 lb (227 kg) of skates (whole weight); 

and zero possession of lobsters, ocean 

pout, SNE/MA winter flounder, and 

windowpane flounder (north), unless 

otherwise restricted by § 648.94(b)(3). 

* * * * * 

(v) * * * 

(C) CC/GOM yellowtail flounder stock 

area. The CC/GOM yellowtail flounder 

stock area for the purposes of the 

Regular B DAS Program is the area 

defined by straight lines connecting the 

following points in the order stated: 

CC/GOM YELLOWTAIL FLOUNDER

STOCK AREA

Point N. Lat. W. 

Long. 

CCGOM1 43°00′ 1

CCGOM2 43°00′ 70°00′ 

CCGOM3 42°30′ 70°00′ 

CCGOM4 42°30′ 69°30′ 

CCGOM5 41°30′ 69°30′ 

CCGOM6 41°30′ 69°00′ 

CCGOM7 41°00′ 69°00′ 

CCGOM8 41°00′ 69°30′ 

CCGOM9 41°30′ 70°00′ 

CCGOM10 2 70°00′ 

CCGOM11 42°00′ 3

CCGOM12 42°00′ 4

CCGOM13 3 70°00′ 

1 Intersection with the New Hampshire 

coastline. 2 Intersection of the south-facing shoreline of 

Cape Cod, MA. 3 Intersection with the east-facing shoreline 

of Cape Cod, MA. 4 Intersection with the west-facing shoreline 

of Massachusetts. 

(D) SNE/MA yellowtail flounder stock 

area. The SNE/MA stock area for the 

purposes of the Regular B DAS Program 

is the area bounded on the north, east, 

and south by straight lines connecting 

the following points in the order stated: 

SNE/MA YELLOWTAIL FLOUNDER

STOCK AREA

Point N. Lat. W. 

Long. 

SNEMA1 40°00′ 74° 00′ 

SNEMA2 40°00′ 72°00′ 

SNEMA3 40°30′ 72°00′ 

SNEMA4 40°30′ 69°30′ 

SNEMA5 41°00′ 69°30′ 

SNEMA6 41°00′ 69°00′ 

SNEMA7 41°30′ 69°00′ 

SNEMA8 41°30′ 70°00′ 

SNEMA9 41°00′ 70°00′ 

SNEMA10 41°00′ 70°30′ 

SNEMA11 41°30′ 70°30′ 

SNEMA12 1 72°00′ 

SNEMA13 2 72°00′ 

SNEMA14 3 73°00′ 

SNEMA15 40°30′ 73°00′ 

SNEMA16 40°30′ 74°00′ 

SNEMA17 40°00′ 74°00′ 

1South-facing shoreline of Connecticut. 

2 North-facing shoreline of Long Island, New 

York. 3South-facing shoreline of Long Island, New 

York. 

* * * * * 

(11) * * * 

(vi) * * * 

(D) Reporting requirements. The 

owner or operator of a non-Sector vessel 

declared into the Closed Area I Hook 

Gear Haddock SAP must submit reports 

via VMS, in accordance with 

instructions to be provided by the 

Regional Administrator, for each day 

fished in the Closed Area I Hook Gear 

Haddock SAP Area. The reports must be 

submitted in 24–hr intervals for each 

day fished, beginning at 0000 hr local 

time and ending at 2400 hr local time. 

The reports must be submitted by 0900 

hr local time of the day following 

fishing. The reports must include at 

least the following information: Total 

pounds of haddock, cod, yellowtail 

flounder, winter flounder, witch 

flounder, pollock, and white hake kept; 

total pounds of haddock, cod, yellowtail 

flounder, winter flounder, witch 

flounder, pollock, and white hake 

discarded; date fish were caught; and 

VTR serial number, as instructed by the 

Regional Administrator. Daily reporting 

must continue even if the vessel 

operator is required to exit the SAP as 

required under paragraph (b)(11)(iv)(F) 

of this section. 

* * * * * 

■ 5. In § 648.86, paragraphs (e) and (j) 

are suspended, and paragraph (o) is 

added to read as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(o) White hake. Unless otherwise 

restricted under this part, a vessel 

issued NE multispecies DAS permit, a 

limited access Handgear A permit, an 

open access Handgear B permit, or a 

monkfish limited access permit and 

fishing under the monkfish Category C 

or D permit provisions may only land 

up to 2,000 lb (907.2 kg) of white hake 

per DAS, or any part of a DAS, up to 

10,000 lb (4,536 kg) per trip. 

[FR Doc. E9–16050 Filed 7–2–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ18 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western 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 Pacific ocean perch in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2009 total 

allowable catch (TAC) of Pacific ocean 

perch in the Western Regulatory Area of 

the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 4, 2009, through 2400 

hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Patty Britza, 907–586–7376. 

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 TAC of Pacific ocean perch 

in the Western Regulatory Area of the 

GOA is 3,713 metric tons (mt) as 


sroberts on DSKD5P82C1PROD with RULES
32470 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2009 TAC of Pacific 

ocean perch in the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 3,413 mt, and is setting 

aside the remaining 300 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific ocean perch 

in the Western Regulatory Area of the 

GOA. 

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. 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 Pacific ocean perch 

in the Western Regulatory Area of the 

GOA. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of July 1, 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 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 2, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–16049 Filed 7–2–09; 4:15 pm] 

BILLING CODE 3510–22–S 


sroberts on DSKD5P82C1PROD with RULES