[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Rules and Regulations]
[Pages 8492-8493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4016]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 09100091344-9056-02]
RIN 0648-XM99


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for 
Processing by the Inshore Component 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.

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SUMMARY: NMFS is prohibiting directed fishing for the A season 
allowance of the 2009 Pacific cod sideboard limits apportioned to non-
American Fisheries Act (AFA) crab vessels catching Pacific cod for 
processing by the inshore component in the Western Regulatory Area of 
the Gulf of Alaska (GOA). This action is necessary to prevent exceeding 
the A season allowance of the 2009 Pacific cod sideboard limits 
apportioned to non-AFA crab vessels catching Pacific cod for processing 
by the inshore component in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 22, 
2009, until 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 
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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The A season allowance of 2009 Pacific cod sideboard limits 
apportioned to non-AFA crab vessels catching Pacific cod for processing 
by the inshore component in the Western Regulatory Area of the GOA is 
788 metric tons (mt) for the GOA, as established by the final 2009 and 
2010 harvest specifications for groundfish of the GOA (74 FR 7333, 
February 17, 2009).
    In accordance with Sec.  680.22(e)(2)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allowance of the 2009 Pacific cod sideboard limits apportioned to non-
AFA crab vessels catching Pacific cod for processing by the inshore 
component in the Western Regulatory Area of the GOA will soon be 
reached. Therefore, the Regional Administrator is establishing a 
sideboard directed fishing allowance for Pacific cod as 781 mt in the 
Gulf of Alaska. The remaining 7 mt in the Gulf of Alaska will be set 
aside as bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  680.22(e)(3), the Regional Administrator finds 
that this sideboard directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
non-AFA crab vessels catching Pacific cod for processing by the inshore 
component in the Western Regulatory Area of the 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 sideboard directed fishing closure of Pacific cod 
apportioned to

[[Page 8493]]

non-AFA crab vessels catching Pacific cod for processing by the inshore 
component in the Western Regulatory Area 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 February 18, 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.  680.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 20, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-4016 Filed 2-20-09; 4:15 pm]
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