[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Rules and Regulations]
[Pages 9176-9177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4474]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351--9087--02]
RIN 0648-XN54


Fisheries of the Exclusive Economic Zone Off Alaska; Opening 
Directed Fishing for Pacific Cod by Catcher Vessels Greater Than or 
Equal to 60 feet (18.3 m) 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; opening.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels greater than or equal to 60 feet (18.3 m) length overall (LOA) 
using pot gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to fully use the A season allowance of 
the 2009 total allowable catch (TAC) of Pacific cod by catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA using pot gear in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 2009, 
through 1200 hrs, A.l.t., June 10, 2009. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., March 13, 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 RIN 
0648[dash]XN54, 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.

[[Page 9177]]

     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
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: Mary Furuness, 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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA using pot gear in the 
BSAI under Sec.  679.20(d)(1)(iii) on February 1, 2009 (74 FR 6554, 
February 10, 2009).
    NMFS has determined that approximately 1,019 mt of Pacific cod 
remain in the directed fishing allowance for catcher vessels greater 
than or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI. 
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 Pacific cod by catcher vessels greater than or equal to 60 feet 
(18.3 m) LOA using pot gear in the BSAI, NMFS is terminating the 
previous closure and is reopening directed fishing for Pacific cod.

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 opening directed fishing for Pacific cod by catcher vessels 
greater than or equal to 60 feet (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 February 23, 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 
Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 
m) LOA using pot gear in the BSAI 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 March 13, 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 25, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-4474 Filed 2-26-09; 4:15 pm]
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