Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35827 

to 5 U.S.C 553(d)(3), good cause to 

waive the 30 day delay in effectiveness 

for the reasons stated above. 

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

Dated: July 16, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17282 Filed 7–16–09; 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–XQ26 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for northern rockfish in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA) for 96 hours. This action 

is necessary to fully use the 2009 total 

allowable catch (TAC) of northern 

rockfish in the Western Regulatory Area 

of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 17, 2009, through 1200 

hrs, A.l.t., July 21, 2009. Comments 

must be received at the following 

address no later than 4:30 p.m., A.l.t., 

July 31, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by [RIN], by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments. Enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) file formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 MagnusonStevens 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. 

NMFS closed the directed fishery for 

northern rockfish in the Western 

Regulatory Area of the GOA on July 9, 

2009 (74 FR 33923, July 14, 2009). 

NMFS has determined that 

approximately 392 mt of the 2009 TAC 

of northern rockfish in the Western 

Regulatory Area of the GOA remain in 

the directed fishing allowance. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2009 TAC of northern rockfish in the 

Western Regulatory Area of the GOA, 

NMFS is terminating the previous 

closure and is reopening directed 

fishing for northern rockfish in the 

Western Regulatory Area of the GOA for 

96 hours, effective 1200 hrs, A.l.t., July 

17, 2009, through 1200 hrs, A.l.t., July 

21, 2009. 

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 reopening and closure of 

northern rockfish 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 15, 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 § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 16, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17279 Filed 7–16–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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