Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska, 38558 [E9-18582]
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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations
turtles that fail to revive within the 24–
hour period must also be returned to the
sea in the manner described in
paragraph (f)(2)(vii) of this section,
unless NMFS requests that the turtle or
part thereof be kept on board and
delivered to NMFS for research
purposes.
(vii) Sea turtle release. After handling
a sea turtle in accordance with the
requirements of paragraphs (f)(2)(v) and
(f)(2)(vi) of this section, the sea turtle
must be returned to the ocean after
identification unless NMFS requests the
retention of a dead sea turtle for
research. In releasing a sea turtle the
vessel owner or operator must:
(A) Place the vessel engine in neutral
gear so that the propeller is disengaged
and the vessel is stopped;
(B) Using the dip net or a turtle hoist
to release the sea turtle with little
impact, gently release the sea turtle
away from any deployed gear; and
(C) Observe that the turtle is safely
away from the vessel before engaging
the propeller and continuing operations.
(viii) Other sea turtle requirements.
No sea turtle, including a dead turtle,
may be consumed or sold. A sea turtle
may be landed, offloaded, transshipped
or kept below deck only if NMFS
requests the retention of a dead sea
turtle or a part thereof for research.
[FR Doc. E9–18583 Filed 8–3–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 09100091344–9056–02]
RIN 0648–XQ72
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the West Yakutat District of the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
rmajette on DSK29S0YB1PROD with RULES
AGENCY:
VerDate Nov<24>2008
15:40 Aug 03, 2009
Jkt 217001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for Pacific ocean perch in the
West Yakutat District 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 West Yakutat District of the
GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 31, 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 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 TAC of Pacific ocean perch
in the West Yakutat District of the GOA
is 1,108 metric tons (mt) as 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 West Yakutat District
of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 1,098 mt, and is setting
aside the remaining 10 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
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Frm 00056
Fmt 4700
Sfmt 4700
directed fishing for Pacific ocean perch
in the West Yakutat District of the GOA.
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 West Yakutat District 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 29,
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 30, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–18582 Filed 7–30–09; 8:45 am]
BILLING CODE 3510–22–S
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04AUR1
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[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Rules and Regulations]
[Page 38558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18582]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 09100091344-9056-02]
RIN 0648-XQ72
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
in the West Yakutat District 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 West Yakutat District of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 31, 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 West Yakutat District of
the GOA is 1,108 metric tons (mt) as 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 West Yakutat District of the GOA will
soon be reached. Therefore, the Regional Administrator is establishing
a directed fishing allowance of 1,098 mt, and is setting aside the
remaining 10 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 West Yakutat District 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 West Yakutat
District 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 29, 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 30, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-18582 Filed 7-30-09; 8:45 am]
BILLING CODE 3510-22-S
