[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Rules and Regulations]
[Pages 36950-36951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17841]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XQ52


Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic 
Shelf Rockfish by Vessels Subject to Amendment 80 Sideboard Limits in 
the Western 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 pelagic shelf 
rockfish (PSR) by Amendment 80 vessels subject to sideboard limits in 
the Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2009 PSR sideboard limit established 
for Amendment 80 vessels subject to sideboard limits in the Western 
Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 22, 2009, 
until 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 
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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 679.
    The 2009 PSR sideboard limit established for Amendment 80 vessels 
subject to sideboard limits in the

[[Page 36951]]

Western Regulatory Area of the GOA is 626 metric tons (mt), as 
established by the 2009 and 2010 harvest specifications for groundfish 
of the GOA (74 FR 7333, February 17, 2009) and revisions (74 FR 11041, 
March 16, 2009).
    In accordance with Sec.  679.20(d)(1)(v)(A), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
PSR sideboard limit established for Amendment 80 vessels subject to 
sideboard limits in the Western Regulatory Area of the GOA is 
sufficient to support a directed fishing allowance. Therefore, the 
Regional Administrator is establishing a sideboard directed fishing 
allowance for PSR as 621 mt in the Gulf of Alaska. The remaining 5 mt 
in the Gulf of Alaska will be set aside as bycatch to support other 
anticipated groundfish fisheries. In accordance with Sec.  
679.20(d)(1)(v)(C), the Regional Administrator finds that this 
Amendment 80 sideboard directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for the 2009 PSR 
sideboard limit by Amendment 80 vessels subject to sideboard limits in 
the Western Regulatory Area of the GOA.
    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 directed fishing closure of PSR by Amendment 80 vessels 
subject to sideboard limits in the Western Regulatory Area of the GOA. 
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.  679.20 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. E9-17841 Filed 7-22-09; 4:15 pm]
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