[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Rules and Regulations]
[Page 6554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2745]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XN01


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Greater Than or Equal To 60 Feet (18.3 Meters) 
Length Overall Using Pot 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 pot 
catcher vessels greater than or equal to 60 feet ([gteqt]18.3 meters 
(m)) length overall (LOA) in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the A season allowance of the 2009 Pacific cod allowable catch (TAC) 
specified for pot catcher vessels [gteqt]60 feet (18.3 m) LOA in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 1, 
2009, though 1200 hrs, A.l.t., September 1, 2009.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 A season allowance of the 2009 Pacific cod TAC allocated to pot 
catcher vessels [gteqt]60 feet (18.3 m) LOA in the BSAI is 6,496 metric 
tons as established by the 2008 and 2009 final harvest specifications 
for groundfish in the BSAI (73 FR 10160, February 26, 2008). See Sec.  
679.20(c)(3)(iii), Sec.  679.20(c)(5), and Sec.  679.20(a)(7)(ii)(A) 
and (a)(7)(ii)(C)(1)(iv).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the A season directed fishing 
allowance of the 2009 Pacific cod TAC allocated to pot catcher vessels 
[gteqt]60 feet (18.3 m) LOA in the BSAI has been reached. Consequently, 
NMFS is prohibiting directed fishing for Pacific cod by pot catcher 
vessels [gteqt]60 feet (18.3 m) LOA 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 pot 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 January 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: February 5, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-2745 Filed 2-5-09; 4:15 am]
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