Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area, 57262 [E9-26696]

Download as PDF 57262 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Rules and Regulations catcher vessels ≥60 ft (18.3 m) LOA using hook-and-line gear in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XS72 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area 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 Pacific cod by catcher vessels greater than or equal to 60 ft (≥18.3 meters (m)) length overall (LOA) using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Pacific cod total allowable catch (TAC) allocated to catcher vessels ≥60 ft (18.3 m) LOA using hook-and-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 2, 2009, through 2400 hrs, 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 2009 Pacific cod TAC allocated as a directed fishing allowance to catcher vessels ≥60 ft (18.3 m) LOA using hookand-line gear in the BSAI is 314 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the 2009 Pacific cod directed fishing allowance allocated to catcher vessels ≥60 ft (18.3 m) LOA using hook-and-line gear in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by VerDate Nov<24>2008 14:36 Nov 04, 2009 Jkt 220001 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 cod by catcher vessels ≥60 ft (18.3 m) LOA using hook-and-line gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 30, 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 section 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 02, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–26696 Filed 11–2–09; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0801041351–9087–02] RIN 0648–XS69 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 ACTION: Temporary rule; reallocation. SUMMARY: NMFS is reallocating projected unused amounts of Pacific cod from catcher vessels using trawl gear, catcher vessels using pot gear, catcher vessels using hook and line gear, and vessels using jig to catcher/processors using pot gear and catcher/processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2009 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective October 30, 2009, until 2400 hours, A.l.t., December 31, 2009. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 2009 Pacific cod TAC in the BSAI is 176,540 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009). Pursuant to § 679.20(a)(7)(ii) and the reallocation on September 17, 2009 (74 FR 48170, September 22, 2009), the allocations of the Pacific cod TAC are 77,725 mt to catcher/processors using hook–and–line gear, 2,852 mt to catcher/processors using pot gear, 11,873 mt to catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear, 314 mt to catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook and line gear, and 30,641 mt to catcher vessels using trawl gear. The allocation to catcher vessels less than 60 feet (18.3m) LOA using hookand-line or pot gear is 4,737 mt after two reallocations (74 FR 9965, March 9, 2009 and 74 FR 19021, April 27, 2009). The allocation to vessels using jig gear is 57 mt after three reallocations (74 FR 9965, March 9, 2009, 74 FR 19021, April 27, 2009, and 74 FR 48170, September 22, 2009). As of October 20, 2009, the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear will not be able to harvest E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Rules and Regulations]
[Page 57262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26696]



[[Page 57262]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XS72


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line 
Gear 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels greater than or equal to 60 ft ([gteqt]18.3 meters (m)) 
length overall (LOA) using hook-and-line gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the 2009 Pacific cod total allowable catch (TAC) 
allocated to catcher vessels [gteqt]60 ft (18.3 m) LOA using hook-and-
line gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 2, 
2009, through 2400 hrs, 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 2009 Pacific cod TAC allocated as a directed fishing allowance 
to catcher vessels [gteqt]60 ft (18.3 m) LOA using hook-and-line gear 
in the BSAI is 314 metric tons (mt) as established by the final 2009 
and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, 
February 17, 2009).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the 2009 Pacific cod directed fishing 
allowance allocated to catcher vessels [gteqt]60 ft (18.3 m) LOA using 
hook-and-line gear in the BSAI has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher vessels 
[gteqt]60 ft (18.3 m) LOA using hook-and-line gear in the BSAI.
    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 cod by catcher vessels [gteqt]60 ft 
(18.3 m) LOA using hook-and-line gear in the BSAI. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of October 30, 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 section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 02, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-26696 Filed 11-2-09; 4:15 pm]
BILLING CODE 3510-22-S

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