[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 19021-19022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9574]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XO13


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

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

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 30, 2009, 
through 2400 hrs, A.l.t., December 31, 2009. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., May 11, 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 
number], 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;
     Mail: P.O. Box 21668, Juneau, AK 99802;
     Fax: (907) 586-7557; or
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: 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 (for example, name, 
address, etc.) 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. Attachments to electronic 
comments will be accepted in Microsoft

[[Page 19022]]

Word, Excel, WordPerfect, or Adobe portable document format file 
formats only.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the 
BSAI under Sec.  679.20(d)(1)(iii) on March 16, 2009 (74 FR 11503, 
March 18, 2009).
    NMFS has determined that as of April 20, 2009, approximately 184 
metric tons of Pacific cod remain in the 2009 Pacific cod TAC allocated 
to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or 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 use the 
2009 TAC of Pacific cod specified for catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear in the BSAI, NMFS is 
terminating the previous closure and is opening directed fishing for 
Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear 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 opening of the Pacific cod fishery by catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the 
BSAI. Immediate notification is necessary to allow for the orderly 
conduct and efficient operation of this fishery, to allow the industry 
to plan for the fishing season, and to avoid potential disruption to 
the fishing fleet and processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of April 20, 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 fishery 
for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or 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 May 12, 2009.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 21, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheriies, National Marine 
Fisheries Service.
[FR Doc. E9-9574 Filed 4-24-09; 8:45 am]
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