[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Rules and Regulations]
[Page 7332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XN00


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Jig 
or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area 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 less than 60 feet (18.3 m) length overall (LOA) using 
jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the limit of Pacific cod for catcher 
vessels <60 ft LOA using jig or hook-and-line gear in the Bogoslof 
Pacific cod exemption area in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 13, 
2009, through 2400 hrs, 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.
    In accordance with Sec.  679.22(a)(7)(i)(C), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that 113 
metric tons of Pacific cod have been caught by catcher vessels <60 ft 
LOA using jig or hook-and-line gear in the Bogoslof exemption area 
described at Sec.  679.22(a)(7)(i)(C)(1). Consequently, the Regional 
Administrator is prohibiting directed fishing for Pacific cod by 
catcher vessels < 60 ft (18.3 m) LOA using jig or hook-and-line gear in 
the Bogoslof Pacific cod exemption area.
    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 <60 ft LOA 
using jig or hook-and-line gear in the Bogoslof Pacific cod exemption 
area. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of February 10, 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.  679.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 11, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3290 Filed 2-11-09; 4:15 pm]
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