Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 45378 [E9-21172]
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45378
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
[FR Doc. E9–21186 Filed 9–1–09; 8:45 am]
BILLING CODE 3510–22–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910091344–9056–02]
RIN 0648–XR33
Fisheries of the Economic Exclusive
Zone Off Alaska; Shallow-Water
Species Fishery by Vessels Using
Trawl Gear in the Gulf of Alaska
erowe on DSK5CLS3C1PROD with RULES
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 vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the fourth seasonal apportionment of
the 2009 Pacific halibut bycatch
allowance specified for the shallowwater species fishery in the GOA has
been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 2, 2009, through
1200 hrs, A.l.t., October 1, 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 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 fourth seasonal apportionment of
the 2009 Pacific halibut bycatch
allowance specified for the shallowwater species fishery in the GOA is 150
metric tons as established by the final
2009 and 2010 harvest specifications for
groundfish of the GOA (74 FR 7333,
February 17, 2009), for the period 1200
hrs, A.l.t., September 1, 2009, through
1200 hrs, A.l.t., October 1, 2009.
In accordance with § 679.21(d)(7)(i),
the Administrator, Alaska Region,
NMFS, has determined that the fourth
seasonal apportionment of the 2009
Pacific halibut bycatch allowance
specified for the trawl shallow-water
VerDate Nov<24>2008
15:07 Sep 01, 2009
Jkt 217001
species fishery in the GOA has been
reached. Consequently, NMFS is
prohibiting directed fishing for the
shallow-water species fishery by vessels
using trawl gear in the GOA. The
species and species groups that
comprise the shallow-water species
fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka
mackerel, skates and ‘‘other species.’’
This inseason action does not apply to
fishing for pollock by vessels using
pelagic trawl gear in those portions of
the GOA open to directed fishing for
pollock. This inseason action does not
apply to vessels fishing under a
cooperative quota permit in the
cooperative fishery in the Rockfish Pilot
Program for the Central 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 the shallow-water
species fishery by vessels 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 August 26, 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 § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–21172 Filed 8–28–09; 4:15 pm]
BILLING CODE 3510–22–S
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910091344–9056–02]
RIN 0648–XR37
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Subject to Amendment 80
Sideboard Limits 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 cod by Amendment
80 vessels subject to sideboard limits in
the Western Regulatory Area of the Gulf
of Alaska (GOA). This action is
necessary to prevent exceeding the 2009
Pacific cod sideboard limit established
for Amendment 80 vessels subject to
sideboard limits in the Western
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 28, 2009, until 2400
hrs, A.l.t., December 31, 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 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.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 679.
The 2009 Pacific cod sideboard limit
established for Amendment 80 vessels
subject to sideboard limits in the
Western Regulatory Area of the GOA is
two percent of the total allowable catch
(TAC) according to § 679.20 table 37
(https://www.alaskafisheries.noaa.gov/rr/
tables/tabl37.pdf). Two percent of the
TAC for Pacific cod in the Western
Regulatory Area of the GOA is 324
metric tons (mt), as established by the
final 2009 and 2010 harvest
specifications for groundfish of the GOA
(74 FR 7333, February 17, 2009) and
E:\FR\FM\02SER1.SGM
02SER1
Agencies
[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Rules and Regulations]
[Page 45378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21172]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910091344-9056-02]
RIN 0648-XR33
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear 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 vessels using trawl gear in the
Gulf of Alaska (GOA). This action is necessary because the fourth
seasonal apportionment of the 2009 Pacific halibut bycatch allowance
specified for the shallow-water species fishery in the GOA has been
reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 2,
2009, through 1200 hrs, A.l.t., October 1, 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 fourth seasonal apportionment of the 2009 Pacific halibut
bycatch allowance specified for the shallow-water species fishery in
the GOA is 150 metric tons as established by the final 2009 and 2010
harvest specifications for groundfish of the GOA (74 FR 7333, February
17, 2009), for the period 1200 hrs, A.l.t., September 1, 2009, through
1200 hrs, A.l.t., October 1, 2009.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS, has determined that the fourth seasonal apportionment of
the 2009 Pacific halibut bycatch allowance specified for the trawl
shallow-water species fishery in the GOA has been reached.
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear 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.'' This inseason action
does not apply to fishing for pollock by vessels using pelagic trawl
gear in those portions of the GOA open to directed fishing for pollock.
This inseason action does not apply to vessels fishing under a
cooperative quota permit in the cooperative fishery in the Rockfish
Pilot Program for the Central 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 the shallow-water species fishery by vessels
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 August 26, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-21172 Filed 8-28-09; 4:15 pm]
BILLING CODE 3510-22-S