[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Rules and Regulations]
[Page 36950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 09100091344-9056-02]
RIN 0648-XQ51


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the West Yakutat District 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 Pacific ocean perch 
by catcher processors participating in the limited access or opt-out 
fisheries that are subject to sideboard limits established under the 
Central Gulf of Alaska (GOA) Rockfish Pilot Program (RPP) in the 
Western Yakutat District of the GOA. This action is necessary to 
prevent exceeding the 2009 sideboard limits of Pacific ocean perch 
established for catcher processors participating in the limited access 
or opt-out fisheries in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 22, 2009, 
through 1200 hrs, A.l.t., July 31, 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 Pacific ocean perch sideboard limit established for 
catcher processors participating in the limited access or opt-out 
fisheries that are subject to sideboard limits in the RPP in the West 
Yakutat District is 727 metric tons (mt). The sideboard limit is 
established by the final 2009 and 2010 harvest specifications for 
groundfish of the GOA (74 FR 7333, February 17, 2009) and as posted as 
the 2009 Rockfish Program Catcher Processor Sideboards at
http://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
    In accordance with Sec.  679.82(d)(7)(i)(A), the Administrator, 
Alaska Region, NMFS (Regional Administrator) has determined that the 
2009 Pacific ocean perch sideboard limit established for catcher 
processors participating in the limited access or opt-out fisheries in 
the West Yakutat District of the GOA has been reached. The Regional 
Administrator is establishing the full sideboard limit as a directed 
fishing allowance of 727 mt, because no other groundfish fisheries are 
anticipated that would require a set aside of Pacific ocean perch as 
bycatch. Consequently, pursuant to Sec.  679.82(d)(7)(ii) NMFS is 
prohibiting directed fishing for Pacific ocean perch by vessels subject 
to the sideboard sideboard limit established for catcher processors 
participating in the limited access or opt-out fisheries in the West 
Yakutat District.
    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 Pacific ocean perch sideboard limit for 
catcher processors participating in the limited access or opt-out 
fisheries in the Western Regulatory Area. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of July 21, 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.  679.82 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 22, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-17835 Filed 7-22-09; 4:15 pm]
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