Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska, 32469-32470 [E9-16049]

Download as PDF Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations fishing under a Regular B DAS, may not land more than 100 lb (45.5 kg) per DAS, or any part of a DAS, up to a maximum of 1,000 lb (454 kg) per trip of any of the following species/stocks from the areas specified in paragraph (b)(10)(v) of this section: Cod, pollock, white hake, witch flounder, GB winter flounder, GB yellowtail flounder, and southern windowpane flounder; and may not land more than 25 lb (11.3 kg) per DAS, or any part of a DAS, up to a maximum of 250 lb (113 kg) per trip of CC/GOM or SNE/MA yellowtail flounder. In addition, trawl vessels that are required to fish with a haddock separator trawl or Ruhle trawl, as specified under paragraph (b)(10)(iv)(J) of this section, gillnet gear, and other gear that may be required in order to reduce catches of stocks of concern as described under paragraph (b)(10)(iv)(J) of this section, are restricted to the following trip limits: 500 lb (227 kg) of all flatfish species (American plaice, witch flounder, winter flounder (GOM or GB), windowpane flounder (south), and yellowtail flounder), combined; 500 lb (227 kg) of monkfish (whole weight); 500 lb (227 kg) of skates (whole weight); and zero possession of lobsters, ocean pout, SNE/MA winter flounder, and windowpane flounder (north), unless otherwise restricted by § 648.94(b)(3). * * * * * (v) * * * (C) CC/GOM yellowtail flounder stock area. The CC/GOM yellowtail flounder stock area for the purposes of the Regular B DAS Program is the area defined by straight lines connecting the following points in the order stated: CC/GOM YELLOWTAIL FLOUNDER STOCK AREA Point sroberts on DSKD5P82C1PROD with RULES CCGOM1 CCGOM2 CCGOM3 CCGOM4 CCGOM5 CCGOM6 CCGOM7 CCGOM8 CCGOM9 CCGOM10 CCGOM11 CCGOM12 CCGOM13 N. Lat. 43°00′ 43°00′ 42°30′ 42°30′ 41°30′ 41°30′ 41°00′ 41°00′ 41°30′ 2 W. Long. 1 70°00′ 70°00′ 69°30′ 69°30′ 69°00′ 69°00′ 69°30′ 70°00′ 70°00′ 42°00′ 42°00′ 3 3 70°00′ 4 1 Intersection with the New Hampshire coastline. 2 Intersection of the south-facing shoreline of Cape Cod, MA. 3 Intersection with the east-facing shoreline of Cape Cod, MA. 4 Intersection with the west-facing shoreline of Massachusetts. VerDate Nov<24>2008 16:30 Jul 07, 2009 Jkt 217001 (D) SNE/MA yellowtail flounder stock area. The SNE/MA stock area for the purposes of the Regular B DAS Program is the area bounded on the north, east, and south by straight lines connecting the following points in the order stated: SNE/MA YELLOWTAIL FLOUNDER STOCK AREA N. Lat. SNEMA1 SNEMA2 SNEMA3 SNEMA4 SNEMA5 SNEMA6 SNEMA7 SNEMA8 SNEMA9 SNEMA10 SNEMA11 SNEMA12 SNEMA13 SNEMA14 SNEMA15 SNEMA16 SNEMA17 W. Long. 40°00′ 40°00′ 40°30′ 40°30′ 41°00′ 41°00′ 41°30′ 41°30′ 41°00′ 41°00′ 41°30′ Point 74° 00′ 72°00′ 72°00′ 69°30′ 69°30′ 69°00′ 69°00′ 70°00′ 70°00′ 70°30′ 70°30′ 72°00′ 72°00′ 73°00′ 73°00′ 74°00′ 74°00′ 1 2 3 40°30′ 40°30′ 40°00′ 1 South-facing 2 North-facing shoreline of Connecticut. shoreline of Long Island, New York. 3 South-facing shoreline of Long Island, New York. * * * * * (11) * * * (vi) * * * (D) Reporting requirements. The owner or operator of a non-Sector vessel declared into the Closed Area I Hook Gear Haddock SAP must submit reports via VMS, in accordance with instructions to be provided by the Regional Administrator, for each day fished in the Closed Area I Hook Gear Haddock SAP Area. The reports must be submitted in 24–hr intervals for each day fished, beginning at 0000 hr local time and ending at 2400 hr local time. The reports must be submitted by 0900 hr local time of the day following fishing. The reports must include at least the following information: Total pounds of haddock, cod, yellowtail flounder, winter flounder, witch flounder, pollock, and white hake kept; total pounds of haddock, cod, yellowtail flounder, winter flounder, witch flounder, pollock, and white hake discarded; date fish were caught; and VTR serial number, as instructed by the Regional Administrator. Daily reporting must continue even if the vessel operator is required to exit the SAP as required under paragraph (b)(11)(iv)(F) of this section. * * * * * ■ 5. In § 648.86, paragraphs (e) and (j) are suspended, and paragraph (o) is added to read as follows: PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 32469 § 648.86 NE Multispecies possession restrictions. * * * * * (o) White hake. Unless otherwise restricted under this part, a vessel issued NE multispecies DAS permit, a limited access Handgear A permit, an open access Handgear B permit, or a monkfish limited access permit and fishing under the monkfish Category C or D permit provisions may only land up to 2,000 lb (907.2 kg) of white hake per DAS, or any part of a DAS, up to 10,000 lb (4,536 kg) per trip. [FR Doc. E9–16050 Filed 7–2–09; 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–XQ18 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch 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 Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific ocean perch in the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 4, 2009, through 2400 hrs, A.l.t., December 31, 2009. FOR FURTHER INFORMATION CONTACT: Patty Britza, 907–586–7376. 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 TAC of Pacific ocean perch in the Western Regulatory Area of the GOA is 3,713 metric tons (mt) as E:\FR\FM\08JYR1.SGM 08JYR1 32470 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES established by the final 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2009 TAC of Pacific ocean perch in the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,413 mt, and is setting aside the remaining 300 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the GOA. VerDate Nov<24>2008 16:30 Jul 07, 2009 Jkt 217001 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 in the Western Regulatory Area of the PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 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 1, 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: July 2, 2009. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–16049 Filed 7–2–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\08JYR1.SGM 08JYR1

Agencies

[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Rules and Regulations]
[Pages 32469-32470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16049]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 09100091344-9056-02]
RIN 0648-XQ18


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch 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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the 2009 total allowable catch (TAC) 
of Pacific ocean perch in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 4, 2009, 
through 2400 hrs, A.l.t., December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Patty Britza, 907-586-7376.

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 TAC of Pacific ocean perch in the Western Regulatory Area 
of the GOA is 3,713 metric tons (mt) as

[[Page 32470]]

established by the final 2009 and 2010 harvest specifications for 
groundfish of the GOA (74 FR 7333, February 17, 2009).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2009 TAC 
of Pacific ocean perch in the Western Regulatory Area of the GOA will 
soon be reached. Therefore, the Regional Administrator is establishing 
a directed fishing allowance of 3,413 mt, and is setting aside the 
remaining 300 mt as bycatch to support other anticipated groundfish 
fisheries. In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
ocean perch in the Western Regulatory Area of the GOA.
    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 Pacific ocean perch 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 1, 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: July 2, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-16049 Filed 7-2-09; 4:15 pm]
BILLING CODE 3510-22-S