Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water Species Fishery by Catcher Processor Rockfish Cooperatives in the Gulf of Alaska, 26804 [E9-13087]

Download as PDF 26804 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations possesses a valid shark research permit under § 635.32 and an NMFS–approved observer is onboard. A shark dealer, issued a permit pursuant to § 635.4, may not purchase or receive non–sandbar LCS in the Gulf of Mexico region from a vessel issued an Atlantic Shark LAP, except that a permitted shark dealer or processor may possess non–sandbar LCS that were harvested, off–loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage. However, a permitted shark dealer or processor may possess non–sandbar LCS that were harvested by a vessel issued a valid shark research fishery permit (per § 635.32) with a NMFS–approved observer onboard during the trip the sharks were taken as long as the non– sandbar shark research fishery remains open. Under this closure, a shark dealer, issued a permit pursuant to § 635.4 may, in accordance with state regulations, purchase or receive a non–sandbar LCS in the Gulf of Mexico region if the sharks were harvested, off–loaded, and sold, traded, or bartered from a vessel that fishes only in state waters and that has not been issued a Shark LAP, HMS Angling permit, or HMS Charter/ Headboat permit pursuant to § 635.4. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing for prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway, and any delay in this action would cause overharvest of the quota and be inconsistent with management requirements and objectives. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if the quota is exceeded, the affected public is likely to experience reductions in the available quota and a lack of fishing opportunities in future seasons. Thus, for these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 29, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–13072 Filed 6–1–09; 4:15 pm] BILLING CODE 3510–22–S VerDate Nov<24>2008 14:50 Jun 03, 2009 Jkt 217001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910091344–9056–02] RIN 0648–XP57 Fisheries of the Exclusive Economic Zone Off Alaska; Deep–Water Species Fishery by Catcher Processor Rockfish Cooperatives 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 deep–water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2009 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep–water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep–water species fisheries. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2009, through 1200 hrs, A.l.t., July 31, 2009. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. 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 Pacific halibut PSC sideboard limit specified for the deep– water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is 8 metric tons as established by § 679.82(d), the final 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009), and as posted as the Catcher Processor Sideboards at https:// PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 www.fakr.noaa.gov/sustainablefisheries/ goarat/default.htm. In accordance with § 679.82(d)(9)(i)(B), the Administrator, Alaska Region, NMFS, has determined that the 2009 Pacific halibut PSC sideboard limit specified for the deep– water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep–water species fisheries. Consequently, in accordance with § 679.82(d)(9)(ii)(B), NMFS is prohibiting directed fishing for species that comprise the deep–water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA. The species and species groups that comprise the deep–water species fishery for the sideboard limit include deep–water flatfish, rex sole, and arrowtooth flounder. 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. Notice and comment is unnecessary because there is insufficient halibut PSC sideboard limit to support a directed fishery and therefore the Regional Administrator has no discretion for any action other than to prohibit directed fishing. 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 § 679.82 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 29, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–13087 Filed 6–3–09; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\04JNR1.SGM 04JNR1

Agencies

[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Rules and Regulations]
[Page 26804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13087]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XP57


Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water 
Species Fishery by Catcher Processor Rockfish Cooperatives 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 deep-water species fishery by catcher processor rockfish 
cooperatives subject to sideboard limits established under the Central 
Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is 
necessary because the 2009 Pacific halibut prohibited species catch 
(PSC) sideboard limit specified for the deep-water species fishery by 
catcher processor rockfish cooperatives subject to sideboard limits 
established under the Central GOA Rockfish Program in the GOA is 
insufficient to support directed fishing for the deep-water species 
fisheries.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2009, 
through 1200 hrs, A.l.t., July 31, 2009.

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

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 Pacific halibut PSC sideboard limit specified for the 
deep-water species fishery by catcher processor rockfish cooperatives 
subject to sideboard limits established under the Central GOA Rockfish 
Program in the GOA is 8 metric tons as established by Sec.  679.82(d), 
the final 2009 and 2010 harvest specifications for groundfish of the 
GOA (74 FR 7333, February 17, 2009), and as posted as the Catcher 
Processor Sideboards at https://www.fakr.noaa.gov/sustainablefisheries/goarat/default.htm.
    In accordance with Sec.  679.82(d)(9)(i)(B), the Administrator, 
Alaska Region, NMFS, has determined that the 2009 Pacific halibut PSC 
sideboard limit specified for the deep-water species fishery by catcher 
processor rockfish cooperatives subject to sideboard limits established 
under the Central GOA Rockfish Program in the GOA is insufficient to 
support directed fishing for the deep-water species fisheries. 
Consequently, in accordance with Sec.  679.82(d)(9)(ii)(B), NMFS is 
prohibiting directed fishing for species that comprise the deep-water 
species fishery by catcher processor rockfish cooperatives subject to 
sideboard limits established under the Central GOA Rockfish Program in 
the GOA. The species and species groups that comprise the deep-water 
species fishery for the sideboard limit include deep-water flatfish, 
rex sole, and arrowtooth flounder.
    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. Notice and comment is unnecessary 
because there is insufficient halibut PSC sideboard limit to support a 
directed fishery and therefore the Regional Administrator has no 
discretion for any action other than to prohibit directed fishing.
    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 Sec.  679.82 and is 
exempt from review under Executive Order 12866.

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

    Dated: May 29, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-13087 Filed 6-3-09; 8:45 am]
BILLING CODE 3510-22-S
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