[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 30013-30014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14872]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XP97
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland
Turbot, Arrowtooth Flounder, and Sablefish by Vessels Participating in
the Amendment 80 Limited Access Fishery in Bering Sea and Aleutian
Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing directed fishing for Greenland turbot,
arrowtooth flounder, and sablefish by vessels participating in the
Amendment 80 limited access fishery in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the 2009 halibut bycatch allowance specified for the trawl
Greenland turbot, arrowtooth flounder, and sablefish fishery category
by vessels participating in the Amendment 80 limited access fishery in
the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 19, 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
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 halibut bycatch allowance specified for the trawl
Greenland turbot, arrowtooth flounder, and sablefish fishery category
by vessels participating in the Amendment 80 limited access fishery in
the BSAI is 5 metric tons as established by the final 2009 and 2010
harvest specifications for groundfish in the BSAI (74 FR 7359, February
17, 2009).
In accordance with Sec. 679.21(e)(3)(vi)(B) and Sec.
679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined
that the 2009 halibut bycatch allowance specified for the trawl
Greenland turbot, arrowtooth flounder, and sablefish fishery category
by vessels participating in the Amendment 80 limited access fishery in
the BSAI has been caught. Consequently, NMFS is closing directed
fishing for Greenland turbot, arrowtooth flounder, and sablefish by
vessels participating in the Amendment 80 limited access fishery 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 Greenland turbot,
arrowtooth flounder, and sablefish by vessels participating in the
Amendment 80 limited access fishery 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 June 18, 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
[[Page 30014]]
the reasons provided above for waiver of prior notice and opportunity
for public comment.
This action is required by Sec. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 19, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-14872 Filed 6-19-09; 4:15 pm]
BILLING CODE 3510-22-S