[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Page 17111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XO63


Fisheries of the Exclusive Economic Zone Off Alaska; Directed 
Fishing With Trawl Gear by American Fisheries Act Catcher Processors in 
Bycatch Limitation Zone 1 of 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 with trawl gear, other 
than pelagic trawl gear for walleye pollock, by American Fisheries Act 
(AFA) trawl catcher processors in Bycatch Limitation Zone 1 of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the sideboard limit of the 2009 bycatch 
allowance of red king crab in Zone 1 specified for AFA trawl catcher 
processors in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 7, 2009, 
though 2400 hrs, A.l.t., December 31, 2009.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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.
    The sideboard limit of the 2009 bycatch allowance of red king crab 
in Zone 1 specified for the AFA trawl catcher processors in the BSAI is 
1,231 crab as established by the final 2009 and 2010 harvest 
specifications for groundfish in the BSAI (74 FR 7359, February 17, 
2009).
    In accordance with Sec.  679.64(a)(2) and (3), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
sideboard limit of red king crab in Zone 1 specified for the AFA 
catcher processors in the BSAI will be caught. Therefore, NMFS is 
prohibiting directed fishing with trawl gear in Zone 1, other than 
pelagic trawl gear for walleye pollock, by AFA trawl catcher processors 
in the BSAI.

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 directed fishing with trawl gear, other than 
pelagic trawl gear for walleye pollock, by AFA trawl catcher processors 
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 April 6, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 8, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-8510 Filed 4-13-09; 8:45 am]
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