Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-Water Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits in the Gulf of Alaska, 10839 [E9-5471]

Download as PDF Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Rules and Regulations yshivers on PROD1PC66 with RULES Please see Regulation S–T (17 CFR Part 232) and the EDGAR Filer Manual for instructions on how to file electronically, including how to use the access codes. The applicant must complete the Form ID electronic filing by also submitting to the Commission a copy of a notarized paper ‘‘authenticating’’ document. The authenticating document must include the information required to be included in the Form ID filing, be manually signed by the applicant over the applicant’s typed signature, and confirm the authenticity of the Form ID filing. Applicants may fulfill the authenticating document requirement by making a copy of the applicant’s electronic Form ID filing, adding the necessary confirming language, signing it, and having the signature notarized. If the applicant has prepared the authenticating document before making its electronic Form ID filing, it may submit the document as an uploaded Portable Document Format (PDF) attachment to the electronic filing. An applicant also may submit the authenticating document by faxing it to the Commission at (202) 504–2474 or (703) 914–4240 within two business days before or after its electronic Form ID filing. If submitted by fax after the electronic Form ID filing, the authenticating document must contain the accession number assigned to the electronic Form ID filing. If the fax is not received timely, the Form ID filing and application for access codes will not be processed, and the applicant will receive an e-mail message at the contact e-mail address included in the Form ID filing informing the applicant of the failure to process and providing further guidance. The message will state why the application was not processed. For assistance with technical questions about electronic filing, call Filer Support at (202) 551–8900. For assistance with questions about the EDGAR rules, Division of Corporation Finance filers may call the Office of Information Technology at (202) 551– 3600; and Division of Investment Management filers may call the IM EDGAR Inquiry Line at (202) 551–6989. * * * * * Dated: March 9, 2009. By the Commission. Florence E. Harmon, Deputy Secretary. [FR Doc. E9–5377 Filed 3–12–09; 8:45 am] BILLING CODE 8011–01–P VerDate Nov<24>2008 13:40 Mar 12, 2009 Jkt 217001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910091344–9056–02] RIN 0648–XN85 Fisheries of the Exclusive Economic Zone Off Alaska; Shallow–Water Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits 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 shallow–water species fishery by Amendment 80 vessels subject to sideboard limits in the Gulf of Alaska (GOA). This action is necessary because the first seasonal apportionment of the 2009 Pacific halibut prohibited species catch (PSC) limit specified for the shallow–water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 5, 2009, through 1200 hrs, A.l.t., April 1, 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 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 first seasonal apportionment of the 2009 Pacific halibut PSC limit specified for the shallow–water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA is 10 metric tons as established by the 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009), for the period 1200 hrs, A.l.t., January 20, 2009, through 1200 hrs, A.l.t., April 1, 2009. In accordance with § 679.20(d)(1)(vi)(C)(2), the Administrator, Alaska Region, NMFS, has determined that the first seasonal PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 10839 apportionment of the 2009 Pacific halibut PSC limit specified for the shallow–water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA has been reached. Consequently, NMFS is prohibiting directed fishing for the shallow–water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA. The species and species groups that comprise the shallow–water species fishery are pollock, Pacific cod, shallow–water flatfish, flathead sole, Atka mackerel, skates and ‘‘other species.’’ 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 the shallow–water species fishery by Amendment 80 vessels subject to sideboard limits using trawl gear in 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 March 3, 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: March 9, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–5471 Filed 3–12–09; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\13MRR1.SGM 13MRR1

Agencies

[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Rules and Regulations]
[Page 10839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5471]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XN85


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species Fishery by Amendment 80 Vessels Subject to Sideboard 
Limits in the Gulf of Alaska

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for species that comprise 
the shallow-water species fishery by Amendment 80 vessels subject to 
sideboard limits in the Gulf of Alaska (GOA). This action is necessary 
because the first seasonal apportionment of the 2009 Pacific halibut 
prohibited species catch (PSC) limit specified for the shallow-water 
species fishery by Amendment 80 vessels subject to sideboard limits in 
the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 5, 2009, 
through 1200 hrs, A.l.t., April 1, 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 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 first seasonal apportionment of the 2009 Pacific halibut PSC 
limit specified for the shallow-water species fishery by Amendment 80 
vessels subject to sideboard limits in the GOA is 10 metric tons as 
established by the 2009 and 2010 harvest specifications for groundfish 
of the GOA (74 FR 7333, February 17, 2009), for the period 1200 hrs, 
A.l.t., January 20, 2009, through 1200 hrs, A.l.t., April 1, 2009.
    In accordance with Sec.  679.20(d)(1)(vi)(C)(2), the Administrator, 
Alaska Region, NMFS, has determined that the first seasonal 
apportionment of the 2009 Pacific halibut PSC limit specified for the 
shallow-water species fishery by Amendment 80 vessels subject to 
sideboard limits in the GOA has been reached. Consequently, NMFS is 
prohibiting directed fishing for the shallow-water species fishery by 
Amendment 80 vessels subject to sideboard limits in the GOA. The 
species and species groups that comprise the shallow-water species 
fishery are pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, skates and ``other species.''
    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 the shallow-water species fishery by 
Amendment 80 vessels subject to sideboard limits using trawl gear in 
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 March 3, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 9, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-5471 Filed 3-12-09; 8:45 am]
BILLING CODE 3510-22-S

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