[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Page 23659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11780]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XP21


Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water 
Species Fishery by Catcher Vessels 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 deep-water species fishery for catcher vessels subject to sideboard 
limits established under the Central Gulf of Alaska (GOA) Rockfish 
Program in the GOA. This action is necessary because the 2009 Pacific 
halibut prohibited species catch (PSC) sideboard limit specified for 
the deep-water species fishery for catcher vessels subject to sideboard 
limits established under the Central GOA Rockfish Program in the GOA is 
insufficient to support directed fishing for the deep-water species 
fisheries.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2009, 
through 1200 hrs, A.l.t., July 31, 2009.

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

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 Pacific halibut PSC sideboard limit specified for the 
deep-water species fishery for catcher vessels subject to sideboard 
limits established under the Central GOA Rockfish Program in the GOA is 
22 metric tons as established by Sec.  679.82(d)(8)(i) and the final 
2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 
7333, February 17, 2009), for the period 1200 hrs, A.l.t., July 1, 
2009, through 1200 hrs, A.l.t., July 31, 2009.
    In accordance with Sec.  679.82(d)(9)(i)(B), the Administrator, 
Alaska Region, NMFS, has determined that the 2009 Pacific halibut PSC 
sideboard limit specified for the deep-water species fishery for 
catcher vessels subject to sideboard limits established under the 
Central GOA Rockfish Program in the GOA is insufficient to support 
directed fishing for the deep-water species fisheries. Consequently, in 
accordance with Sec.  679.82(d)(9)(ii)(B), NMFS is prohibiting directed 
fishing for species that comprise the deep-water species fishery for 
catcher vessels subject to sideboard limits established under the 
Central GOA Rockfish Program in the GOA. The species and species groups 
that comprise the deep-water species fishery for the sideboard limit 
include deep-water flatfish, rex sole, and arrowtooth flounder.
    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 insufficient halibut PSC sideboard limit to support a 
directed fishery 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.  679.82 and is 
exempt from review under Executive Order 12866.

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

    Dated: May 14, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-11780 Filed 5-19-09; 8:45 am]
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