[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Rules and Regulations]
[Page 10839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5471]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XN85


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species Fishery by Amendment 80 Vessels Subject to Sideboard 
Limits in 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 species that comprise 
the shallow-water species fishery by Amendment 80 vessels subject to 
sideboard limits in the Gulf of Alaska (GOA). This action is necessary 
because the first seasonal apportionment of the 2009 Pacific halibut 
prohibited species catch (PSC) limit specified for the shallow-water 
species fishery by Amendment 80 vessels subject to sideboard limits in 
the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 5, 2009, 
through 1200 hrs, A.l.t., April 1, 2009.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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.
    The first seasonal apportionment of the 2009 Pacific halibut PSC 
limit specified for the shallow-water species fishery by Amendment 80 
vessels subject to sideboard limits in the GOA is 10 metric tons as 
established by the 2009 and 2010 harvest specifications for groundfish 
of the GOA (74 FR 7333, February 17, 2009), for the period 1200 hrs, 
A.l.t., January 20, 2009, through 1200 hrs, A.l.t., April 1, 2009.
    In accordance with Sec.  679.20(d)(1)(vi)(C)(2), the Administrator, 
Alaska Region, NMFS, has determined that the first seasonal 
apportionment of the 2009 Pacific halibut PSC limit specified for the 
shallow-water species fishery by Amendment 80 vessels subject to 
sideboard limits in the GOA has been reached. Consequently, NMFS is 
prohibiting directed fishing for the shallow-water species fishery by 
Amendment 80 vessels subject to sideboard limits in the GOA. The 
species and species groups that comprise the shallow-water species 
fishery are pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, skates and ``other species.''
    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 the shallow-water species fishery by 
Amendment 80 vessels subject to sideboard limits using trawl gear in 
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 March 3, 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: March 9, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-5471 Filed 3-12-09; 8:45 am]
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