Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 19021 [E9-9566]

Download as PDF Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 400 mt of Pacific cod from the B season jig gear apportionment to catcher vessels <60 feet (18.3 m) LOA using hook-andline or pot gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009) are revised as follows: 41 mt to the B season apportionment for vessels using jig gear and 4,737 mt to catcher vessels <60 feet (18.3 m) LOA using hook-andline or pot gear. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XO85 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. dwashington3 on PROD1PC60 with RULES AGENCY: SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (< 18.3 meters (m)) length overall (LOA) using hookand-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the B season apportionment of the 2009 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective April 22, 2009, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2009. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. 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 B season apportionment of the 2009 Pacific cod TAC specified for vessels using jig gear in the BSAI is 441 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009), for the period 1200 hrs, A.l.t., April 30, 2009, through 1200 hrs, A.l.t., August 31, 2009. The Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 400 mt of the B season apportionment of the 2009 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions VerDate Nov<24>2008 14:31 Apr 24, 2009 Jkt 217001 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 reallocation of Pacific cod specified from jig vessels to catcher vessels <60 feet (18.3 m) LOA using hook-and-line or pot gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 20, 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: April 21, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–9566 Filed 4–22–09; 4:45 pm] BILLING CODE 3510–22–S PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 19021 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XO13 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands 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 Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2009 total allowable catch (TAC) of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 30, 2009, through 2400 hrs, A.l.t., December 31, 2009. Comments must be received at the following address no later than 4:30 p.m., A.l.t., May 11, 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 number], 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; or • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. Instructions: 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. Attachments to electronic comments will be accepted in Microsoft E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Page 19021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9566]



[[Page 19021]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XO85


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

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

ACTION:  Temporary rule; reallocation.

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SUMMARY:  NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet (< 
18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the B season apportionment of the 2009 
total allowable catch (TAC) of Pacific cod to be harvested.

DATES:  Effective April 22, 2009, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2009.

FOR FURTHER INFORMATION CONTACT:  Obren Davis, 907-586-7228.

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 B season apportionment of the 2009 Pacific cod TAC specified 
for vessels using jig gear in the BSAI is 441 metric tons (mt) as 
established by the final 2009 and 2010 harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009), for the period 
1200 hrs, A.l.t., April 30, 2009, through 1200 hrs, A.l.t., August 31, 
2009.
    The Administrator, Alaska Region, NMFS, has determined that jig 
vessels will not be able to harvest 400 mt of the B season 
apportionment of the 2009 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 400 mt of Pacific cod from the B 
season jig gear apportionment to catcher vessels <60 feet (18.3 m) LOA 
using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (74 FR 7359, February 17, 
2009) are revised as follows: 41 mt to the B season apportionment for 
vessels using jig gear and 4,737 mt to catcher vessels <60 feet (18.3 
m) LOA using hook-and-line or pot gear.

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 reallocation of Pacific cod specified from jig vessels 
to catcher vessels <60 feet (18.3 m) LOA using hook-and-line or pot 
gear. Since the fishery is currently open, it is important to 
immediately inform the industry as to the revised allocations. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet as well as processors. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of April 20, 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: April 21, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-9566 Filed 4-22-09; 4:45 pm]
BILLING CODE 3510-22-S