[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Rules and Regulations]
[Pages 6555-6556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2747]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XN09


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 630 of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

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SUMMARY: NMFS is reopening directed fishing for pollock in Statistical 
Area 630 of the Gulf of Alaska (GOA) for 12 hours. This action is 
necessary to fully use the A season allowance of the 2009 total 
allowable catch (TAC) of pollock specified for Statistical Area 630 of 
the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 11, 
2009, through 2400 hrs, A.l.t., February 11, 2009. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
February 25, 2009.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by ``0648-
XN09,'' by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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.
    NMFS closed the directed fishery for pollock in Statistical Area 
630 of the GOA under Sec.  679.20(d)(1)(iii) on January 22, 2009 (74 FR 
5627, January 30, 2009).
    NMFS has determined that approximately 1,800 mt of pollock remain 
in the directed fishing allowance in Statistical Area 630 of the GOA. 
Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and 
(a)(2)(iii)(D), and to fully utilize the A season allowance of the 2009 
TAC of pollock in Statistical Area 630, NMFS is terminating the 
previous closure and is reopening directed fishing for pollock in 
Statistical Area 630 of the GOA. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance will be reached after 12 hours. Consequently, NMFS is 
prohibiting directed fishing for pollock in Statistical Area 630 of the 
GOA, effective 2400 hrs, A.l.t., February 11, 2009.

Classification

    This action responds to the best available information recently 
obtained

[[Page 6556]]

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 a 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 
opening of pollock in Statistical Area 630 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 January 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.
    Without this inseason adjustment, NMFS could not allow the TAC of 
pollock in Statistical Area 630 of the GOA to be harvested in an 
expedient manner and in accordance with the regulatory schedule. Under 
Sec.  679.25(c)(2), interested persons are invited to submit written 
comments on this action to the above address until February 25, 2009.
    This action is required by Sec.  679.20 and Sec.  679.25 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. E9-2747 Filed 2-5-09; 4:15 pm]
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