[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Rules and Regulations]
[Page 59479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27668]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 09100091344-9056-02]
RIN 0648-XS89


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Halibut in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of halibut 
prohibited species catch (PSC) from rockfish cooperatives in the 
Central Gulf of Alaska (GOA) Rockfish Pilot Program to vessels using 
trawl gear in the GOA. This action is necessary to provide the 
opportunity to vessels using trawl gear to harvest available GOA 
groundfish total allowable catch (TAC) under existing PSC limits.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 15, 
2009, through 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 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 allocation of halibut PSC to vessels using trawl gear in 
the GOA is 2,000 metric tons (mt) as established by the final 2009 and 
2010 harvest specifications for groundfish in the GOA (74 FR 7333, 
February 17, 2009). Under Sec.  679.81(c)(1), 170 mt of halibut PSC is 
allocated to catcher/processor and catcher vessel rockfish cooperatives 
in the Central GOA. The website at http://www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/09rppallocations.xls lists this amount. The 
remaining 1,830 mt of halibut PSC is allocated to vessels using trawl 
gear not in a rockfish cooperative.
    As of November 9, 2009, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that rockfish cooperatives in 
the Central GOA have not used 139 mt of the allocation. Therefore, in 
accordance with Sec.  679.21(d)(5)(iii)(B)(1), NMFS is reallocating 139 
mt of halibut PSC from rockfish cooperatives in the Central GOA to the 
last seasonal apportionment for vessels using trawl gear in the GOA.
    Therefore, the harvest specifications for halibut PSC are revised 
as follows: 31 mt to rockfish cooperatives in the Central GOA and 1,969 
mt to vessels using trawl gear.

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 reallocation of projected unused amounts of halibut PSC 
in 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 November 9, 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.

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

    Dated: November 12, 2009
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-27668 Filed 11-13-09; 4:15 pm]
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