[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Page 22477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11148]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XN95


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels 
Participating in the Entry Level Rockfish Fishery in the Central 
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 northern rockfish and 
pelagic shelf rockfish (PSR) for trawl catcher vessels participating in 
the entry level rockfish fishery in the Central Regulatory Area of the 
Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 
2009 allocation of northern rockfish and PSR allocated to trawl catcher 
vessels participating in the entry level rockfish fishery in the 
Central Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 8, 2009, 
through 1200 hrs, A.l.t., September 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 2009 allocations of northern rockfish and PSR for vessels 
participating in the entry level trawl fishery Central District of the 
GOA are 0 metric tons as established by the final 2009 and 2010 harvest 
specifications for groundfish in the GOA (74 FR 7333, February 17, 
2009).
    Consequently, in accordance with Sec.  679.83(a)(3), the 
Administrator, Alaska Region, NMFS, deems it appropriate for 
conservation and management purposes to not open directed fishing for 
northern rockfish and PSR for trawl catcher vessels participating in 
the entry level rockfish fishery in the Central Regulatory Area of the 
GOA, because there is no available allocation for a directed fishery.
    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. Notice and comment is unnecessary 
because there is no available fish for an allocation and therefore the 
Regional Administrator has no discretion for any action other than to 
prohibit directed fishing.
    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 Sec.  679.83 and is 
exempt from review under Executive Order 12866.

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

    Dated: May 8, 2009.
Kristen C. Koch
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-11148 Filed 5-8-09; 4:15 pm]
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