[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Rules and Regulations]
[Pages 59918-59919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XS96


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Processors Using Hook-and-Line Gear in the Bering Sea and 
Aleutian Islands Management Area

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 
catcher processors using hook-and-line gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the 2009 Pacific cod total allowable catch (TAC) 
allocated to catcher processors using hook-and-line gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 16, 
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 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (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 cod TAC allocated as a directed fishing allowance 
to catcher processors using hook-and-line gear in the BSAI is 83,575 
metric tons (mt) as

[[Page 59919]]

established by the final 2009 and 2010 harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009) and two 
reallocations (74 FR 48170, September 22, 2009 and 74 FR 57262, 
November 5, 2009).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the 2009 Pacific cod directed fishing 
allowance allocated to catcher processors using hook-and-line gear in 
the BSAI has been reached. Consequently, NMFS is prohibiting directed 
fishing for Pacific cod by catcher processors using hook-and-line gear 
in the BSAI.
    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 directed fishing for Pacific cod by catcher 
processors using hook-and-line gear in the BSAI. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of November 12, 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 section 
679.20 and is exempt from review under Executive Order 12866.

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

    Dated: November 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-27823 Filed 11-16-09; 4:15 pm]
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