[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Rules and Regulations]
[Pages 42797-42798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20422]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910091344-9056-02]
RIN 0648-XR04


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for 
Processing by the Inshore Component 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 Pacific cod by non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard 
limits catching Pacific cod for processing by the inshore component in 
the Central Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2009 Pacific cod sideboard limit 
established for non-AFA crab vessels catching Pacific cod for 
processing by the inshore component in the Central Regulatory Area of 
the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 
2009, through 2400 hrs, A.l.t., December 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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The 2009 Pacific cod sideboard limit established for non-AFA crab 
vessels that are subject to sideboard limits catching Pacific cod for 
processing by the inshore component in the Central Regulatory Area of 
the GOA is 815 metric tons (mt) for the GOA, as established by the 
final 2009 and 2010 harvest specifications for groundfish of the GOA 
(74 FR 7333, February 17, 2009).
    In accordance with Sec.  680.22(e)(2)(i), the Regional 
Administrator has determined that the 2009 Pacific cod sideboard limit 
established for non-AFA crab vessels catching Pacific cod for 
processing by the inshore component in the Central Regulatory Area of 
the GOA will soon be reached. Therefore, the Regional Administrator is 
establishing a sideboard directed fishing allowance of 805 mt, and is 
setting aside the remaining 10 mt as bycatch to support other 
anticipated groundfish fisheries. In accordance with Sec.  
680.22(e)(3), the Regional Administrator finds that this sideboard 
directed fishing allowance has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by non-AFA crab vessels 
that are subject to sideboard limits catching Pacific cod for 
processing by the inshore component in the Central 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.

[[Page 42798]]

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 sideboard directed fishing closure of Pacific cod for 
non-AFA crab vessels that are subject to sideboard limits catching 
Pacific cod for processing by the inshore component in the Central 
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 August 17, 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.  680.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 19, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-20422 Filed 8-24-09; 8:45 am]
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