36950 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Rules and Regulations 

* * * * * 

[FR Doc. E9–17813 Filed 7–24–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ51 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District 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 by 

catcher processors participating in the 

limited access or opt-out fisheries that 

are subject to sideboard limits 

established under the Central Gulf of 

Alaska (GOA) Rockfish Pilot Program 

(RPP) in the Western Yakutat District of 

the GOA. This action is necessary to 

prevent exceeding the 2009 sideboard 

limits of Pacific ocean perch established 

for catcher processors participating in 

the limited access or opt-out fisheries in 

the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 22, 2009, through 1200 

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

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. 

The 2009 Pacific ocean perch 

sideboard limit established for catcher 

processors participating in the limited 

access or opt-out fisheries that are 

subject to sideboard limits in the RPP in 

the West Yakutat District is 727 metric 

tons (mt). The sideboard limit is 

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 Catcher Processor 

Sideboards at 

http://alaskafisheries.noaa.gov/ 

sustainablefisheries/goarat/default.htm. 

In accordance with 

§ 679.82(d)(7)(i)(A), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator) has determined that the 

2009 Pacific ocean perch sideboard 

limit established for catcher processors 

participating in the limited access or 

opt-out fisheries in the West Yakutat 

District of the GOA has been reached. 

The Regional Administrator is 

establishing the full sideboard limit as 

a directed fishing allowance of 727 mt, 

because no other groundfish fisheries 

are anticipated that would require a set 

aside of Pacific ocean perch as bycatch. 

Consequently, pursuant to 

§ 679.82(d)(7)(ii) NMFS is prohibiting 

directed fishing for Pacific ocean perch 

by vessels subject to the sideboard 

sideboard limit established for catcher 

processors participating in the limited 

access or opt-out fisheries in the West 

Yakutat District. 

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 

sideboard limit for catcher processors 

participating in the limited access or 

opt-out fisheries in the Western 

Regulatory Area. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of July 21, 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 § 679.82 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 22, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17835 Filed 7–22–09; 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–XQ52 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pelagic Shelf 

Rockfish by Vessels Subject to 

Amendment 80 Sideboard Limits 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 pelagic shelf rockfish (PSR) 

by Amendment 80 vessels subject to 

sideboard limits in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2009 PSR 

sideboard limit established for 

Amendment 80 vessels subject to 

sideboard limits in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 22, 2009, until 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 

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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 679. 

The 2009 PSR sideboard limit 

established for Amendment 80 vessels 

subject to sideboard limits in the 


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